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OBLIGATIONS AND CONTRACTS
1. The following are the requisites of an obligation, except:

a. Passive subject, debtor or obligor
b. Active subject, creditor or oblige
c. Efficient cause
d. Demand
2. Obligations may arise from any of the following, except:
a. Contracts
b. Quasi-contracts
c. Law
d. Prestation
3. It is the voluntary administration of the poverty of another without his consent.
a. Negotiorum gestio
b. Solutions indebiti
c. Quasi-delicit
d. Contract
4. Is a wrong committed without any pre-existing relations between the parties.
a. Natural obligation
b. Quasi delicit
c. Quasi contract
d. Crime
5. Unless the law or the stipulation of the parties require another standard of care, every
person obliged to give something is also obliged to take care of it with;
a. Extra-ordinary diligence
b. Diligence of a father of a good family
c. Diligence of a good father of a family
d. Good diligence of a father of a family
6. D owes C ₱6,000.00 no date for payment was stipulated by the parties.
a. C cannot require D to pay because there is no date for payment.
b. C can require D to pay at anytime.
c. D is not liable to C because the obligation is void there being no date of payment.
d. D is not required to pay unless C goes to court and ask the court t a fix period for the
payment
7. Under a contract executed on November 1, 2015, D obliged himself to give a specific horse
to C on December 10, 2015. On December 8, 2015, C demanded the delivery of the horse
but D did not comply. The following day, the horse was struck by lightning and died instantly.
a. The obligation of D is extinguished because the loss is due to fortuitous event and D
was not in default.
b. The obligation of D is not extinguished because D can deliver another horse.
c. The obligation of D is not extinguished because D was in default.
d. The obligation of D is not extinguished because the demand was not made on due date.
8. Which of the following is not considered a conditional obligation?
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a. D to pay C ₱5,000.00 as soon as D has the means.
b. D to pay C ₱5,000.00 if C marries Y
c. D to pay C ₱5,000.00 if C tops the CPA examinations.
d. D to pay C ₱5,000.00 if X dies of malaria.
9. The distinction between the merger and compensation is that in merger.
a. The two debts may be payable at different places.
b. Two persons are in their own right debtors and creditors of each other.
c. The debtor and creditor may agree on the set off debts that are not yet due.
d. The debtor and creditor refer to only one person.
10. The passage of time as a mode of acquiring or losing a right including the extinguishment of
an obligation is called:
a. Remission
b. Novation
c. Prescription
d. Merger
11. A, B, C, and D owe X, Y, and Z, the sum of ₱12,000.00. Based on the forgoing data, which of
the following statement is incorrect?
a. The obligation is joint
b. There are 7 distinct debts in the obligation.
c. Each debtor is liable only for a total ₱3,000.00
d. Each debtor is entitled to collect a maximum of ₱4,000.00
12. P took a public bus going to his office. Although P paid his fare, the bus conductor did not
issue to him a ticket. Along the way, the bus is met an accident causing a slight injury to P
and other passengers. If P is to recover damages from the bus owner, the source of the bus
owner’s liability is:
a. Contract
b. Quasi delicit
c. Law
d. P cannot recover any amount because no ticket was issued.
13. One of the following obligations is void. Which is it?
a. D to give C ₱50,000.00 if C does not run 100 miles without stopping.
b. D to give C ₱50,000.00 when D has the means.
c. D to give C ₱50,000.00 if D buys a brand-new car.
d. D to give C ₱50,000.00 if C runs for barangay chairman next year.
14. Which of the following obligations is a pure obligation and is demandable at once?
a. D allow C to use D’s car until December 31, 2015.
b. D allow C to use D’s car until C finishes his course in Accounting.
c. D to give C his car. No mention is made when D shall give the car.
d. D to give C a car if C finishes his course in Accounting.
15. On January 1, 2014, D obtain the loan of ₱100,000.00 from C, the loan is secured by a chattel
mortgage on D’s car and is payable on December 31, 2014. On September 26, 2014, the car
was taken at gunpoint from D while he was starting its engine at the parking lot of a
department store.
a. D’s loan obligation is extinguished. However, D must give a property which C may sell to
satisfy his claim.
b. D’s loan obligation subsists. However, C may demand its immediate payment unless D
gives another security.
c. D’s loan obligation subsists., However, C may demand immediate payment since the loss
of the security was without the fault of D. D, moreover is not required to give a new
security.
d. D’s loan obligation subsists., However, C may demand immediate payment since the loss
of the security was without the fault of D. D, moreover is required to give a new security
16. A meeting of the minds between two persons whereby one binds himself with respect to the
other to give something or to render some service is known as:
a. Obligation
b. Consent
c. Contract
d. Stipulation
17. The stages of a contract according to the other of their occurrence are:
a. Birth, conception, and consummation.
b. Conception, consummation, and birth.
c. Conception, birth, and consummation.
d. Consummation, conception, and birth.
18. The elements of a contract without which a contract would not exists are known as:
a. Accidental elements.
b. Natural elements
c. Special elements.
d. Essential elements.
19. A consensual contract has the following essential elements:
a. Consent of the contracting parties, object certain, and cause or consideration.
b. Consent of the contracting parties, object certain, cause or consideration and delivery of
the object.
c. Consent of the contracting parties, object certain, cause or consideration and formalities
required by law.
d. Consent of the contracting parties, object certain, delivery of the object, and formalities
required by law.
20. A real contract has the following essentials elements:
a. Consent of the contracting parties, object certain, and cause or consideration.
b. Consent of the contracting parties, object certain, cause or consideration and delivery
of the object
c. Consent of the contracting parties, object certain, cause or consideration and formalities
required by law
d. Consent of the contracting parties, object certain, delivery of the object, and formalities
required by law
21. One of the following is not incapable of giving his consent.
a. Insane person
b. Deaf-mutes who do not know how to write.
c. Deaf-mutes who know how to read.
d. Unemancipated minors.
22. A contract entered into by an incapacitated person is:
a. Valid
b. Voidable
c. Rescissible
d. Unenforceable
23. Contracts entered into a state of drunkenness or during hypnotic spell are:
a. Valid
b. Voidable
c. Rescissible
d. Void
24. A contract entered into by insane person during a lucid interval is:
a. Valid
b. Voidable
c. Rescissible
d. Void
25. Aside from fraud and undue influence, the following are the vices of consent except:
a. Violence
b. Intimidation
c. Mistake
d. Dealer’s mistake
26. S and B entered into a contract whereby S sold a car to B for ₱100,000.00 based on the
forgoing, which of the following statements is correct?
a. The contract is voidable if S 17 years old, and B is 25 years old.
b. The contract is unenforceable if S is 17 and B is insane.
c. The contract is void if B, 25 years old, compelled S, 30 years old to sign the deed of sale
by threatening to burn the house of S.
d. The contract is rescissible if at the time of the sale, the car was the subject of litigation
brought by B against S to recover the car, and the court and B did give their authority to
the sale.
27. Which of the following contracts is valid and enforceable?
a. A contract where a party gave his consent in a moment of drunkenness.
b. A contract where a party gave his consent because the other party threatened to sue
him for an unpaid debt.
c. A contract where a party gave his consent because the other party threatened to kill the
first party’s spouse.
d. A contract where there was inadequate cause attended by mistake.
28. A entered into a contract with B agreed not to testify in a criminal case filed against A in
exchange for ₱5,000.00 to be given by A. the contract between A and B is:
a. Void being contrary to law
b. Void for being contrary to good customs.
c. Void for being contrary to public
d. Is valid because there is nothing wrong when ones do not want to testify against another
crime.
29. Which of the following must be in writing to be enforceable as required by the Statute
Frauds?
a. A subscription for 100 shares of stock of a corporation at ₱100,000.00 share.
b. A contract for constitutional of building scheduled to begin 3 after execution of the
contract.
c. A contract for the lease of an agricultural lot for a period of 8 months.
d. A contract whereby one agrees to pay another’s debt if the latter defaults in his
payment.
30. Which of the following contracts is valid and enforceable?
a. A written contract for the purchase of a new-born baby who is the illegitimate child of
the buyer.
b. A written contract of employment where the employee agreed voluntarily not to
demand overtime payment for work rendered in excess of the regular hours of work per
day.
c. An oral contract for the sale of a piece of land for ₱50,000.00 with the buyer giving
down payment of ₱20,000.00.
d. An oral contract where the fruits of an immovable belonging to the debtor are to be
applied to the interest and principal of his obligations.
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OBLIGATIONS AND CONTRACTS

1. The following are the requisites of an obligation, except:

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