1.

A owes B 20,000 which become due and payable last June 23,
2001. On that date A offered B 10,000 the only money he then
had but B refused to accept the payment. A therefore met C, B’s
23 year old son, to whom he gave the 10,000 with the request
that he turn the money to B. The money was stolen while in the
C’s possession. How much may B still recover from A?
a. 20,000 b. 10,000 c. 15,000 d. 0.00

2. If a third person pays an obligation. What are the rights which

are available to him if he pays the obligation with the
knowledge and consent of the debtor?
First answer – He can recover from the debtor the entire
amount, which he has paid
Second answer –He is subrogated to all the rights of the debtor
a. Both answers are correct c. Only the first answer is
correct
b. Both answers are wrong d. Only the second answer is
correct

3. A, B and C executed a promissory note binding themselves to

pay 9,000.00 to X, Y and Z. The note is now due and
demandable. Can the creditors proceed against A alone for the
payment of entire debt?
a. No each creditor can collect 3,000 from A
b. Yes either X, Y or Z can collect 9,000 from A
c. No each creditor can collect only 1,000 from A
d. Yes the promissory note is silent with respect to the rights
of the creditor s, the obligation is presumed to solidarily

4. Indivisibility as distinguished from solidarity

a. Plurality of subject is invisible
b. When the obligation is converted into one of indemnity for
damages because of breach, the character of the obligation
remains
c. Refers to the legal tie or vinculum
d. Refers to the prestation which constitute the object of
obligation

5. A source of obligation not arising from law

a. negotiorum gestic b. solutio indebiti
c. culpa aquiliana d. contract

6. The loss or deterioration of the thing intended as a substitute

 through the negligence of the obligor does not render him liable.
A person alternatively bound by different prestation shall
completely perform one of them
a. true, true b. true, false c. false , true d. false ,false

7. There being no express stipulation and if the under taking is to

deliver a determinate thing the payment shall be made
a. At the domicile of the debtor
b. at the domicile of the creditor
c. whatever that thing might be at the moment the obligation
was constituted
d. whenever the thing might be at the moment the obligation
is to be fulfilled

8. Demands is not needed to put the debtor in fault, except

a. When the demand would be useless
b. When the parties so stipulate
c. When time is the essence
d. When the fixing of the time is the controlling motive for the
establishment of the contract

9. Culpa aquiliana as distinguished from culpa contractual

a. Proof of due negligence in the selection and supervision of
the employees is not as a defense
b. Proof of the contract and of its breach is sufficient prima
facie to warranty recovery
c. The negligence of the defendant is merely an incident in
the performance of the obligation
d. The source of liability is the defendant’s negligent acts or
omission itself

10. This is the kind of diligence that the obligor must observe in the
performance of his obligation to give something:
a. Diligence of a good father of a family
b. Extraordinary diligence of a good father of a family
c. Diligence of a good father of a family
d. Diligence of a good father of a family even if the law or the
stipulation requires another standard of care