QUIZ ON OBLIGATION –PART III

1. When the period is “on or before a date”, the debtor has the
benefit of the period. This benefit is lost and the obligation
becomes demandable when
a. the debtor attempts to ascond
b. after contracting the obligation, the creditor suspects the
debtor of becoming insolvent

c. the guarantee given by the debtor is not acceptable to the

creditor
d. demand by creditor could be useless

2. Unless the law or stipulation of the parties requires another

standard care, the obligation to give a thing carries with the
Obligation to take care with:
a. Extra-ordinary diligence c. diligence of a
good father of a family b.degree of care
agreed upon by the party’s d.
diligence of a good family of a father

3. A entered into a contract with B by which A promised to deliver at

price stipulated in the contract. Such delivery is to made on
February 14, 2001 with penalty in case of default. In this case,
no further demand by B on A is necessary to consider A in delay
because:
a. time is of the essence of the contract
b. The obligation is expressly so provide
c. the demand would unless
d. answer not given

4. One of the following shall produced effect of payment of debts

a. delivery of check c. delivery of a promissory
note
b. b.tender of Central Bank notes d. dacion en pago

5. If the creditor to who tender of payment has been made refuses

without just cause to accept it, debtor shall be released from
responsibility by:
a. assignment of property
b. consignation of the thing or sum due
c. adjudication or pacion en pago
d. condonation

6. A executes a promissory note in favor of B who subsequently

 indorsed it in favor of A. The obligation to pay the promissory is
thereby extinguished because there is:
a. confusion or merger c. remission
b. novation d. compensation

7. The distinction between conventional subrogation and assignment

is that in conventional subrogation:
a. it is a mere cession of right
b. an obligation is extinguished and another appears
c. the same obligation, without being extinguished, is
transferred to another
d. the debtors consent is not necessary

8. A promissory note A and dated March 15, 2000 is worried as

follows: “I promise to pay B the sum of Fifty Thousand Pesos
(P50, 000) provided that if she should fall I the October, 2000
CPA Examination, she shall return to me the said amount”. The
above note gives rise to an obligation with:
a. suspensive conditionc. resolutory condition
b. casual condition d. answer mot given

9. A and B to deliver a particular car valued at P100,000 to C on or

before September 15,2000 . September 15, 2000 came and
upon demand by c from delivery from A and B, A was willing to
deliver but B refused to deliver. In this case at bar:
a. An action for specific performance will lie against both A
and B.
b. Both A and B shall be liable for 50,000 each with
damages
c. B shall be liable for P50, 000 without damages and A
shall be liable for P50, 000 damages
d. C can demand delivery of the car from A or B

10. A, B and C owed a solidum P15,000 to D as evidenced by a

promissory note due on September 30,1990. The note
prescribed on October 1, 2000. On October 10, 2000 A paid D. In
this case, A is:
a. entitled to collect P5, 000.00 each from B and C
b. not entitled to reimbursement from his co-debtors for the
shares of the latter
c. entitled to recover from D
d. answer not given