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SEMINAR IN BUSINESS LAW AND TAXATION QUIZ 1 NAME: Write the letter of the correct answer

1. A juridical necessity to give, to do or not to do a. Civil obligation b. Natural obligation c. Moral obligation d. Social obligation 2. They give a right of action to compel their performance a. Civil obligation b. Moral obligation c. Natural obligation d. Social obligation 3. The obligee has a right to enforce the obligation against the obligor in a court of law a. Civil obligation b. Moral obligation c. Natural obligation d. Social obligation 4. This is based on equity and justice a. Civil obligation b. Moral obligation c. Natural obligation d. Social obligation 5. The following are the elements of an obligation, except a. Active and passive subjects b. Efficient cause c. Prescription d. Vinculum juris 6. A lawful act resulting to a benefit a. Negotiorum gestio b. Solution indebiti c. Quasi contract d. Quasi delict 7. The right of the creditor that is enforceable against a definite debtor is a. Real right b. Natural right c. Moral right d. Personal right 8. The person in whose favor the obligation is constituted a. Obligor b. Obligee c. Passive subject d. Debtor 9. The person who has the duty of giving, doing or not doing a. Obligee b. Obligor c. Active subject d. Creditor 10. The source of obligation which is a rule of conduct, just and obligatory, promulgated by legitimate authorities for common good, benefit and observance a. Contracts b. Quasi contracts

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c. Delicts d. Law The duty to pay taxes and to support ones family are obligations arising from a. Law b. Contracts c. Quasi- contracts d. Delicts The obligation of husband and wife to render mutual help and support arises from a. Contract b. Law c. Quasi contract d. Quasi delict A supports B, a minor, because Bs father refuses t support B. the father is obliged to reimburse A. the source of obligation is a. Contract b. Quasi contract c. Delict d. Quasi delict When a person voluntarily takes charge of anothers abandoned business or property without the owners authority where reimbursement must be made for necessary and useful expenses a. Quasi contract b. Quasi delict c. Negotiorum gestio d. Solution indebiti When something is received when there is no right to demand it, and it was unduly delivered thru mistake, the recipient has the duty to return it a. Quasi contract b. Quasi delict c. Negotiorum gestio d. Solution indebiti A quasi contract is an implied contract A defendant who is acquitted in a criminal case is no longer liable civilly a. True; true b. True; false c. False; true d. False; false A fault or act or omission of care which causes damage to another, there being no pre- existing contractual relations between the parties a. Quasi contract b. Quasi delict c. Negotiorum gestio d. Solution indebiti What is the basis of the liability of a school when a student is stabbed inside the campus by a stranger in the school? a. Contracts b. Quasi contracts c. Delicts d. Quasi delicts Damages awarded for mental and physical anguish a. Moral b. Exemplary c. Nominal d. Temperate Damages awarded to vindicate a right a. Liquidated b. Actual

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c. Nominal d. Exemplary Damages awarded to set an example a. Exemplary b. Liquidated c. Temperate d. Moral Damages predetermined beforehand a. Temperate b. Liquidated c. Actual d. Moral The following except one, are included in civil liability. The exception is a. Restitution b. Reparation c. Indemnification d. Starvation Omission of the diligence which is required by the circumstances of person, place and time a. Ignorance b. Negligence c. Impotence d. Insanity A was employed as professional driver of B transit Bus owned by C. In the course of his work, A hit a concrete post causing serious injury to passenger W and pedestrian Y. the victims sued the driver and the owner of the bus for damages. Which of the following statements is correct? a. C is not liable if C can prove that he exercised the diligence of a good father of a family in the selection and supervision of his employees b. The conviction of A in a criminal case makes C liable for damages arising from criminal act c. The liability of C shall cease if the driver A is acquitted in the criminal case d. The guilt of driver A must be established beyond reasonable doubt to make C liable If a thing is capable of particular designation a. Generic b. Specific c. Indeterminate d. Indeterminable If a thing refers to a class, to a genus and cannot be pointed out with particularity a. Generic b. Specific c. Indeterminate d. Indeterminable I. When what is to be delivered is a determinate thing, the creditor may compel the debtor to make the delivery and if the debtor refuses, the creditor may ask that the obligation be complied with at the expense of the debtor II. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned a. True, true b. True, false c. False, true d. False, false Ordinary diligence is a. Diligence of a good father of a family b. Extraordinary diligence c. Diligence required by law d. Diligence of a good father of a family The creditor has a right to the fruits of the thing a. From the time the obligation to deliver it arises

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b. From the time the fruits have been delivered c. From the time there is meeting of the minds d. From the perfection of the contract From the time the fruits have been delivered, the creditor shall acquire a. Real right b. Personal right c. Moral right d. None of these A wife was about to deliver a child. Her parents brought her to the hospital. Who should pay the expenses for medical attendance? I. The husband, because it is his duty to support his wife and support includes medical attention II. The parents, because they were the persons who brought the wife to the hospital a. Both answers are correct b. Both answers are not correct c. Only the first is correct d. Only the second is correct Spontaneous products of the soil and the offspring and other products of animals a. Natural b. Industrial c. Civil d. Penal Products of the soil through cultivation or intervention of human labor a. Natural b. Industrial c. Civil d. Penal Fruits arising out of contracts a. Natural b. Industrial c. Civil d. Penal I. If a person obliged to do something fails to do it, the same shall be executed at his cost II. 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 a. True, true b. True, false c. False, true d. False, false A is oblige to deliver his only car to B on November 20, 2011. If A does not deliver, and on November 22, 2011, a typhoon destroys the car, which is correct? a. A is not liable because the obligation is extinguished b. A is liable because he is in delay c. A and B will divide the loss equally d. A s obligation is converted into monetary obligation Debtors default in real obligation a. Mora accipiendi b. Mora solvendi ex- re c. Mora solvendi ex- persona d. Compensation morae Debtors default in personal obligation a. Mora accipiendi b. Mora solvendi ex- re c. Mora solvendi ex- persona d. Compensation morae Default on the part of the creditor a. Mora accipiendi

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b. Mora solvendi ex- re c. Mora solvendi ex- persona d. Compensation morae Default on the part of both parties a. Mora accipiendi b. Mora solvendi ex- re c. Mora solvendi ex- persona d. Compensation morae There shall be no liability for loss due to fortuitous events in which one of the following cases. Which is it? a. When the debtor delays b. When the parties so stipulated that there shall be liability even in case of loss due to fortuitous events c. When the nature of the obligation requires the assumption of risk d. When the obligation is to deliver a determinate thing and there was a stipulation as to the liability of the debtor in case of loss due to fortuitous events Demand must be made on the due date of the obligation in order for delay to exist in one of the following cases. Which is it? a. When it was stipulated by the parties that demand need not be made b. When the law provides that demand need not be made c. When the obligation does not indicate whether demand must e made or not on due date d. When the time is of the essence Which of the following is not a proper remedy for the creditor? a. To compel the debtor to make the delivery, if the obligation is to deliver a determinate thing b. To ask that the obligation be complied with at the expense of the debtor, if the obligation is to deliver a generic thing c. To compel the debtor to perform the obligation, if the obligation is an obligation to do d. To ask the debtor that what has been done be undone, if the obligation is an obligation not to do When the following statements concerning delay is incorrect? a. There is no delay in obligations not to do b. Delay, as a rule, exists, when the debtor does not perform his obligation on the date that it is due c. Demand, as a rule, is required in order for delay to exist d. When time is of the essence, delay on the part of the debtor exists despite the absence of demands S, a supplier of fresh fish from Lucena City hired T, the owner of a trucking company, for a fee of P3 000 to bring the fish of S to the Dampa Market in Paranaque City which ordered the fish for a price of P20 000. In so far as S is concerned, his prestation in his contract with T is a. The sale of the fish b. The transport of the fish c. The payment of P3 000 d. The payment of P20 000 Refer to the preceding number. In the contract between S and T a. S is the obligor and T is the obligee b. S is the obligee and T is the obligor c. Both S and T are obligors and obligees of each other d. The Dampa market is the obligee of both S and T P took a public bus in going to his office. Although P paid his fare, the bus did not issue him a ticket. Along the way, the bus 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 owners liability is a. Contract b. Quasi delict c. Law d. P cannot recover any amount because no ticket was issued D is obliged to give C P10 000 if X dies. This is an example of a. An obligation with a suspensive period b. An obligation with a resolutory period c. An obligation with a period d. A pure obligation

50. When the debtor binds himself to pay when his means permit him to do so, the obligation is A. An obligation with a resolutory period B. A pure obligation C. An obligation with a suspensive condition D. An obligation with a suspensive period 51. Whenever a period is designated in an obligation, the said period shall be presumed to have been established for the benefit of A. The debtor B. The creditor C. Both the debtor and the creditor D. Neither of the parties 52. The debtor shall lose the right to make use of the period in the following cases, except when he a. Becomes insolvent b. Violates any undertaking in consideration of which the creditor agreed to the period c. Attempts to abscond d. Does not furnish any guaranty or security to the creditor 53. D is obliged to give C a specific car if C passes the CPA Licensure Examination. Ds obligation is an example of a. A pure obligation b. An obligation with a suspensive condition c. An obligation with a resolutory condition d. An obligation with a period 54. One of the following obligations is not immediately demandable a. Pure obligation b. Obligation with a resolutory period c. Obligation with an in diem period d. Obligation with an ex die period 55. XYZ is a cooperative store. On July 1, 2010, it paid the Government of the City of Manila certain taxes believing that it owed the same. After six months, XYZ learned that it was not subject to the said taxes. Accordingly, it sought to recover the said taxes it previously paid. The obligation of the Government of the City of Manila to return the said taxes paid is based on a. Negotiorum gestio b. Solution indebiti c. Quasi delict d. The Government is exempt from giving tax refunds