QUIZ ON OBLIGATION –PART V

1. D owes C 10,000 payable on December 25. Later, D forced C to sign

a promissory note for 10,000 payable on December 25. If all the
other requisites of compensation are present, are both debts
extinguished?
a. Yes, under the legal compensation
b. No, B’s consent was obtained by force
c. yes, with approval of the court
d. not given

2. X has been missing for sometime leaving for no one to manage

his properties A and B jointly took charge of the management
thereof. However, due to the fault of A, the properties of X
were damaged .The liability therefore to X for damages shall
be:
a. only A shall be liable
b. both
shall be
jointly
liable
c. both
shall be
solidarily
liable
d. they are not liable since at fault for having abandoned
his properties

3. X by mistake delivered to A and Ba sum of money which should

have been delivered to C and D. X now demands the return of
the same from A and B. The liability of the latter for the sum of
money to which they are not entitled shall be:
a. A and B shall be liable solidarily
b. A and B shall be liable jointly
c. They are not liable for having received the money in good
faith
d. X has not the right to recover as he was negligent in the
delivery of the money
4. A owes B a sum of money evidenced by promissory note which
has prescribed without the knowledge of A, paid B his debt.
Later A reimbursed X for the payment of the latter to B
although he has no obligation to do so. After payment A now
wants to recover his payment to X on the ground that he was
not obliged to reimburse him. Which of the following is not
 correct?
a. A can recover his reimbursement to X to prevent unjust
enrichment on X’s part at the expense of A.
b. A cannot recover because he has civil obligation to reimburse
X for the latter paid his debt to B
c. A cannot recover because he partakes of a natural
obligation
d. A cannot recover since there was reimbursement by
mistake

5. In which of the following instances does legal subrogation not

apply?
a. when a creditor pays another creditor who is preferred,
even without the debtor’s knowledge
b. when the third person, not interested in the obligation,
pays with the express or tacit approval of the debtor
c. when a third person pays the creditor without knowledge
or against the will of the debtor and yet entitled to
beneficial reimbursement
d. when, even without knowledge of the debtor, a person
interested in the fulfillment of the obligation pays, without
prejudice to the effects of the confusion as to the latter’s
share.

6. A bought biscuits from a grocery store and was hospitalized due

in food poisoning as a result of toxic substance contained in the
biscuits sold to retailers by the Ace Foods Inc. A is now suing
the said producer corporation for damages. Decide:
a. A has no right to claim damages from the producer
because there was no contract between them.
b. Ace Foods Inc is not liable to A because the latter was
negligent in eating the biscuit despite the presence of
harmful substance therein.
c. A must claim damages from the grocery store and not
from the producer since the grocery was the one which
sold the poisoned food to A.
d. Ace Food Inc is liable for damages due to quasi-delict to
its negligence in the preparation of the biscuits thus
causing to A.

7. Acceptance of commercial document is equivalent to payment:

a. The check has been received as payment
b. The check has become valueless because of the creditors
 fault
c. The check is a managers or cashier’s check
d. The promissory note is used as payment

8. The debtor shall lose every right to make use of the period except:
a. When after the obligations has been contracted he
becomes insolvent, unless he gives a guaranty or security
for the debt
b. When does not furnish a guaranty or security for the debt
c. When the debtor attempts to ascond
d. When he violates any undertaking consideration of which
the creditor agreed to the period.

9. When the debtor binds himself to pay when his means permit him
to do so is one:
a. With a condition is dependent upon the debtors will
b. With resolutory
period upon the
debtors will
c. With period
dependent upon
the debtors will
d. With the condition to be fixed by court

10. D owes C P1M. G is the guarantor. A stranger S paid C the debt D

without the knowledge of the latter. In this case:
a. If D fails to pay S, the latter can compel G to pay him;
b. If G pays S, the former can
demand reimbursement
from D;
c. S cannot compel G to pay
him;
d. D has no obligation to
reimburse S because he
paid without the consent of
D.