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(1011) Quiz 1 - With Answers
(1011) Quiz 1 - With Answers
QUIZ 1
EXAMINER: SIR JCD
1. Under Article 1156 of the New Civil Code, an obligation is a juridical necessity to give, to do or not
to do.
True
False
3. This is the conduct required to be observed by the debtor. It may consist in giving, doing or not
doing.
a. Object
b. Prestation
c. Subject matter of the obligation
d. All of the above
5. These are obligations which are not based on positive law but on equity and natural law. It does
not grant a right of action to enforce their performance although in case of voluntary fulfillment
by the debtor, the latter may not recover what has been delivered.
a. Civil obligation
b. Moral obligation
c. Natural obligation
d. None of the above
6. It is the meeting of the minds between two persons whereby one binds himself, with respect to
the other, to give something or to render some service.
a. Law
b. Contract
c. Quasi-Contract
d. Delicts
e. Quasi-Delicts
7. The creditors, after having pursued the property in possession of the debtor to satisfy their
claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save
those which are inherent in his person.
True
False
8. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises.
True
False
9. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or
extrajudicially demands from them the fulfillment of their obligation.
True
False
10. It is one of the remedies available to a creditor, after having pursued the property in possession
of debtor, exercise all the rights and bring all the actions of the debtor except those inherent in or
personal to the person of the latter.
a. Exact fulfillment
b. Attachment
c. Accion subrogatoria
d. Accion pauliana
12. What is the diligence required for contracts of carriage involvings jeeps, buses and taxis?
a. Diligence of a good father of a family
b. Ordinary diligence
c. Extra-ordinary diligence
d. Diligence of a good mother of a family
13. It is the right or interest of a person over a specific thing, without a definite passive subject
against whom the right may be personally enforced.
a. Personal right
b. Real right
c. Both A & B
d. None of the above
14. The person who is entitled to demand the fulfillment of the obligation
a. Obligee
b. Obligor
c. Prestation
d. Legal tie
15. The is the remedy of a creditor to pursue the leviable property of the debtor
a. Exact fulfillment
b. Attachment
c. Accion subrogatoria
d. Accion pauliana
16. It is an act or omission by a person which causes damage to another in his person, property, or
rights giving rise to an obligation to pay for the damage done, there being fault or negligence.
a. Law
b. Contract
c. Delicts
d. Quasi â Delicts
e. Quasi â Contracts
17. Mr. A and his whole family went to Boracay for a short vacation. Unfortunately, a strong
typhoon hit Manila and it destroyed the cages of Mr. Aâ s dogs. Luckily, his neighbor Mr. B saw
what happened and immediately repaired the cages of the animals. The materials and labor
amounted to P5,000. Is Mr. B entitled to reimbursement?
a. Yes, only if he was able to get the consent of Mr. A beforehand.
b. Yes, even if there was no consent from the owner of the dogs.
c. No, because there was no consent on the part of the owner of the dogs.
d. No, because Mr. B is considered to be a trespasser.
18. Is the failure to perform an obligation on time which failure constitutes a breach of the
obligation.
a. Legal delay
b. Ordinary delay
c. Both A & B
d. None of the above
19. This is the voluntary management of the property or affairs of another without the knowledge
or consent of the latter.
a. Negotiorum gestio
b. Solutio indebiti
c. Genus nunquam perit
d. Damnum absque injuria
20. It is the contracting for or receiving interest in excess of the amount allowed by law for the loan
or use of money, good, chattels or credits.
a. Dolo causante
b. Dolo incidente
c. Usury
d. None of the above
21. A taxi driver was negligent in driving his car. As a result, an accident occurred. This resulted to
injuries to his passenger (Mr. C) and to a pedestrian (Mr. D). Both victims were rushed to the
hospital and incurred expenses for their treatment. With regards to Mr. D, what is the source of
taxi driverâ s obligation to reimburse?
a. Law
b. Contract
c. Quasi Contract
d. Delict
e. Quasi Delict
22. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and
those who in any manner contravene the tenor thereof, are liable for damages.
True
False
23. It is the right or power of a person to demand from another, as a definite passive subject, the
fulfillment of the latterâ s obligation to give, to do, or not to do.
a. Personal right
b. Real right
c. Both A & B
d. None of the above
25. It is the juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which
the parties become bound to each other to the end that no one shall be unjustly enriched or
benefited at the expense of another.
a. Law
b. Contract
c. Quasi-Contract
d. Delicts
e. Quasi-Delicts
26. Which among the following is an example of a natural fruit?
a. Grass
b. A baby calf that was born without the intervention of human labor
c. Both A and B
d. A puppy that was born with the help of a veterinarian
e. All of the above
27. When the obligation consists in not doing, and the obligor does what has been forbidden him,
it shall also be undone at his expense.
True
False
28. A taxi driver was negligent in driving his car. As a result, an accident occurred. This resulted to
injuries to his passenger (Mr. C) and to a pedestrian (Mr. D). Both victims were rushed to the
hospital and incurred expenses for their treatment. With regards to Mr. C, what is the source of
taxi driverâ s obligation to reimburse?
a. Law
b. Contract
c. Quasi Contract
d. Delict
e. Quasi Delict
30. Every person obliged to give something is also obliged to take care of it with the proper
diligence of a father of a good family, unless the law or the stipulation of the parties requires
another standard of care.
True
False
*good father of a family
31. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, even if there
has been a stipulation to the contrary.
True
False
*hindi siya transmissible
32. Responsibility arising from fraud is demandable in all obligations and any waiver of an action
for past fraud is void.
True
False
* di siya demandable since fraud yung reason bakit nag exist ang obligation kumbaga di mo
pwedeng i-demand yung hindi naman totoo or di nag-eexist
33. If a person obliged to do something fails to do it, the same shall be executed at his cost.
True
False
34. The tie which binds or connects the parties to the obligation
a. Debtor
b. Creditor
c. Subject Matter
d. Vinculum juris
35. As a general rule, every person who is criminally liable is also civilly liable for damages.
True
False
*may ilang exception lang
36. The receipt of a later installment of a debt with reservation as to prior installments, shall
likewise raise the presumption that such installments have been paid.
True
False
37. From the moment one of the parties fulfills his obligation, delay by the other begins.
True
False
38. The receipt of the principal by the creditor without reservation with respect to the interest,
shall give rise to the conclusive presumption that said interest has been paid.
True
False
*never magiging conclusive yung presumption
41. Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith.
True
False
42. This is the delay on the part of the debtor to fulfill his obligation
a. Mora solvendi
b. More accipiendi
c. Compensatio morae
d. Mora dela torre
43. This is the juridical relation which is created when something is received when there is no right
to demand it and it was unduly delivered through mistake
a. Negotiorum gestio
b. Solutio indebiti
c. Genus nunquam perit
d. Damnum absque injuria
45. On August 1, 2020, Mr. S sold a specific dog to Mr. B for P15,000. Based on their agreement, the
specific dog should be delivered to Mr. B on August 8, 2020. The deadline has passed and the
specific dog is still in possession of the seller. While still in possession of Mr. S, the mother dog
gave birth to three puppies on August 20, 2020. Who is entitled to the three puppies?
a. Mr. S
b. Mr. B
c. The mother dog
d. Each one of them is entitled to one puppy each
46. If the obligor delays, or has promised to deliver the same thing to two or more persons who do
not have the same interest, he shall not be responsible for any fortuitous event until he has
effected the delivery.
True
False
* responsible pa rin siya kasi kahit naman walang fortuitous event na mangyari hindi niya pa rin
kaya na ma-fulfill yung obligation niya
47. The demand by the creditor shall not be necessary in order that delay may exist
a. When the obligation or the law expressly so declare
b. When from the nature and the circumstances of the obligation it appears that the
designation of the time when the thing is to be delivered or the service is to be rendered
was a controlling motive for the establishment of the contract
c. When demand would be useless, as when the obligor has rendered it beyond his power to
perform
d. All of the above
48. An obligation is juridical necessity because in case of noncompliance, the courts of justice may
be called upon by the aggrieved party to enforce its fulfillment.
True
False
49. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation,
or when the nature of the obligation requires the assumption of risk, no person shall be
responsible for those events which could not be foreseen, or which, though foreseen, were
inevitable.
True
False
50. The obligation to give a determinate thing includes that of delivering all its accessions and
accessories, as long as they have been mentioned.
True
False
* kapag di napag-usapan automatic na yung bumili ang may ari ng accession/accessory