Pamantasan ng Cabuyao

Katapatan Subd., Banay Banay, Cabuyao, Laguna

MIDTERM EXAM
Name: _________________________________ Score:___________
Obligations and Contracts Mr. D.R. Magalang

I. Identification

1. It is a juridical necessity to give, to do or not to do.

2. Obligations which based on positive law.
3. Obligations which based on equity and natural law.
4. It is a rule of conduct, just and obligatory, laid down by legitimate authority for the common observance and
benefit.
5. It is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give
something or render some service.
6. It is a juridical relation arising from certain lawful, voluntary and unilateral acts, ad which has for its purpose
the payment of indemnity to the end that no one shall unjustly enriched or benefited at the expense of the
another.
7. This takes place when a person voluntarily takes charge of the business or property of another, without any
power from the latter.
8. This takes place when something is received when there is no right to demand it, and it was unduly delivered
through mistake. The recipient must return what was received by mistake.
9. It is an act or omission which causes damage to another there being fault or negligence but without any pre-
existing contractual relations between the parties.
10. It is one which is particularly designated or physically segregated from all others of the same class.
11. It is one that refers to a class or genus without being distinguished from others of the same class.
12. It is the diligence which an ordinary prudent man would exercise with regard to his own property.
13. It means placing the object in the control and possession of the creditor, either physically or constructively.
14. It includes everything which is produced by a thing or which is incorporated or attached thereto, either
naturally or artificially.
15. It is anything that is attached to or included in another thing of more importance to add to utility,
ornamentation, preservation or completion of the latter.
16. It is the non- fulfillment of an obligation with respect to time.
17. It is the deliberate and or intentional evasion by the debtor of the normal compliance of his obligation.
18. It is the omission of diligence which is required by the nature of the obligation and corresponds with the
circumstances of the person, of the time and of the place.
19. It is an obligation without a term or condition; hence it is demandable at once.
20. It is an inference as to the existence of a fact not actually known, arising from its usual connection with
another which is known.

II. Enumeration

1. Elements of obligation
2. Sources of obligations
3. Two kinds of Quasi- Contract
4. Requisites of Quasi- Delict
5. Obligations of one obliged to give a determinate thing
6. Kinds of fruits
7. Remedies of the creditor when the debtor fails to perform an obligation to give determinate thing
8. Remedies of the creditor when the debtor fails to perform an obligation to give indeterminate thing
9. Kinds of delay
10. Requisites in order for delay to exist
11. Grounds for liability to pay damages
12. Kinds of Fraud according to meaning
13. Kinds of Fraud according to commission
14. Kinds of Negligence
15. Characteristics of fortuitous event