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Obligation and Contracts MCQ

Obligation and Contracts MCQ

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Published by: Lyn on Oct 19, 2011
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04/28/2012

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Obligation and Contracts MCQ (11-20)
11. Delay in the giving or delivering of a thing
 a. Mora
 
solvendi ex reb. Mora solvendi ex personac. Mora accipiende ex red. Mora accipiende ex persona
 ANSWER: A
 
12. Which of the following statements is false? 
 a. Obligations to give definite things and those that are not susceptible of partial performance shall be deemed divisible.b. Execution of a certain number of days of work shall be divisible.c. Accomplishment of work by metrical units are divisibled. An obligation to pay a certain amount in ten annual installments is divisible.
 ANSWER: A
 
13.
This contract is without effect unless ratified:
 a. Marriage between first degree cousinsb. Contract of sale between two insane personsc. Contract of sale between husband and wifed. Donation between husband and wife
 ANSWER: B
 
14. Which of the following contracts is not void ab initio? 
 a. Those whose object is outside the commerce of menb. That whose object did not exist at the time of transactionc. That which contemplates an impossible serviced. That which is undertaken in fraud of creditors
 ANSWER: D
 
15.
Rescission of contract can take place in this case
 a. When the thing which is the object of the contract is legally in the possession of a third person who acted in bad faithb. When he who demands rescission can return whatever he may be obliged to restorec. When the party seeking resolution can perform only as to part and as to remainderd. When the seller cannot return the installments paid to him by the buyer
 ANSWER: B
 
16. A defective contract where damage or lesion is essential 
 a. Rescissibleb. Voidablec. Unenforceabled. Void
 ANSWER: A
 
 
 
17.
 An instrument may be reformed d 
 a. Simple donations inter vivos wherein no condition is imposedb. Willsc. When the instrument does not express the true intention of the parties due to mistaked. When the real agreement is void
 ANSWER: C
 
18.
Three of the following contracts are void. Which one is not? 
 a. Oral contract of partnership of three partners and capital contribution is more than P3,000 in cashb. Written contract contemplating impossible servicesc. Oral contract of partnership where real estate is contributed as capitald. Agent's authority to sell land is given orally.
 ANSWER: A
 
19.
When a third person assumes the payment of the obligation even without the knowledge and consent of thedebtor but with the consent of the creditor 
 a. There is novationb. There is delegation if debtor is releasedc. There is subrogationd. There is expromission if debtor is released
 ANSWER: D
 
20.
Which of the following is not an element of legal compensation? 
 a. Debts to be compensated are due and demandableb. There is controversy or adverse claim over any debts to be compensatedc. There are two or more debts of the same kindd. There are two or more persons who are creditor or debtors of each other.
 ANSWER: B
 
Obligations & Contracts MCQ (1-10)
1. When the debtor binds himself to pay when his means permit him to do so, the obligation is:
 a. Conditionalb. Purec. Simpled. With a Period
 ANSWER: D
 
2. Contracts which cannot be sued upon unless ratified, thus it is as if they have no effect yet are:
 a. Voidableb. Rescissiblec. Voidd. Unenforceable
 
 
 ANSWER: D
 
3. If the obligation of the debtor is "I will pay you my debt after I have arrived from abroad," this is
 a. Unenforceableb. With a Periodc. Voidd. Conditional
 ANSWER: D
 
4. When the characters of the creditor and the debtor are merged in one and the same person, there isextinguishment of the obligation by:
 a. Compensationb. Merger of Rightsc. Novationd. Remission
 ANSWER: B
 
5. Through insidious words or machinations, A was able to induce B to enter into a contract which without them B would not have agreed to it. There is:
 a. Undue Influenceb. Fraudc. Mistaked. Misrepresentation
 ANSWER: B
 
6. "A sells to B his lot and house in the city if A decides to transfer and live in the countryside" is an example of:
 a. Mixed Conditionb. Potestative Conditionc. Casual Conditiond. Resolutory Condition
 ANSWER: B
 
7. It is a mode of extinguishing an obligation when two persons in their own right are creditors of each other.
 a. Confusionb. Reformationc. Compensationd. Novation
 ANSWER: C
 
8. A contract is in the stage of conception when:
 a. There is meeting of the minds.b. Negotiations are in progress.c. The parties come to an agreement.

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