DEL ROSARIO, RYAN J. L.

| LLB-I EH-410 1

OBLIGATIONS AND CONTRACTS

PART I. OBLIGATIONS

1. Sam is obliged to give Ben on March 1, 2011 a particular parcel of land.

Which of the following statements below is correct?

a. The obligation to deliver arises upon the fulfilment of the condition.

b. The obligation to deliver arises upon the arrival of the term.
c. The obligation to deliver arises upon the perfection of the contract.
d. The obligation to deliver arises upon full payment of the parcel of land.

2. Refer to the previous question, supposing delivery is made on March 15,

2011, which of the following statements below is the best choice?

a. Sam has a real right over the land after March 15, 2011.
b. Sam has a personal right over the land and fruits before March 15, 2011.
c. Sam has a real right over the land and fruits from March 1, 2011 to
March 15, 2011, which is a right that is enforceable against the whole
world.
d. Sam has a real right over the land and fruits after March 15, 2011, which
is enforceable against the whole world.

3. X, a debtor did not deliver his car on February 1, 2011. A Typhoon happened
and the car to be delivered was destroyed on February 03, 2011. Will X be
liable for the damage? Choose the best answer:

a. No, X obligation is extinguished. A specific obligation as a rule is

extinguished by a fortuitous event or act of God.
b. No, because X was not guilty of bad faith, a recognized exception where
a fortuitous event does not exempt.
c. No, because X is not yet in legal delay.
d. Yes, X will be liable. The obligation is not extinguished based on the
principle of genus nunquam perit.

4. Which of the following is with a term or period?

a. I will give you P10, 000.00 if your mother dies of cancer.

b. I will give you P10, 000.00 when I have money.
c. I will give you P10, 000.00 after you graduate this March.
d. I promise to pay you P10, 000.00

5. X, Y and Z are obligated to A in the amount of P30, 000.00. X shall only pay
if A graduates on 2011 and Y shall pay on January 1, 2012, and Z shall pay
when A reaches 25. If A sues X, after he graduated, how much can X be held
liable to pay A?
 DEL ROSARIO, RYAN J. L. | LLB-I EH-410 2

OBLIGATIONS AND CONTRACTS

a. X, Y and Z are joint debtors of A. Upon fulfillment of the condition, A can

only demand P10, 000.00 from X.
b. X, Y and Z are solidary debtors of A. Upon fulfillment of the condition, A
can demand the whole P30, 000.00 from X subject to reimbursement by
the other parties.
c. X, Y and Z are solidary debtors of A. Upon fulfillment of the condition, A
can demand P10, 000.00 from X and not the P30, 000.00 as this was the
only amount due upon the fulfillment of the condition.
d. X, Y and Z are joint debtors of A. Upon fulfillment of the condition, A can
demand from any debtor the whole amount of P30, 000.00 subject to
reimbursement by the other parties which is really their share of the
obligation.

PART II. CONTRACTS

1. A wants to borrow from B P100, 000.00 so he offered by way of mortgage his

land as security. Both parties agreed on this point but the contract as
drafted contained an absolute sale. Supposing A comes to you, what would
be your advice?

a. The contract must be rescinded because of its defect.

b. The contract must be annulled.
c. The contract must be reformed.
d. The contract is unenforceable unless it is ratified.

2. X sent a letter on February 1, 2011 offering a sale to Y. A letter of

acceptance was sent by Y on February 15, 2011. However, A changed his
mind and sent a telegram cancelling the acceptance on February 16, 2011.
Which of the statements below is true? Choose the best answer.

a. The contract of sale is binding since the letter of Acceptance was sent
earlier than the telegram cancelling the acceptance.
b. Y can still cancel the contract because the letter of acceptance did not
yet come to the knowledge of X.
c. The contract of sale is binding only at the time the offeror has knowledge
of the acceptance.
d. Y can still withdraw because he immediately sent a telegram the next day
cancelling the contract.

3. Trillanes offered Garcia a car worth P1M. Trillanes gave Garcia a 30-day
period to decide. Given the 30-day period for the prospective buyer to
decide, could Trillanes withdraw the offer before the lapse of the 30 day
period?

a. Yes, because Trillanes as the seller has the right to withdraw his offer at
any time before acceptance.
b. Yes, just by communicating to the offeree that you are withdrawing the
offer at any time before acceptance with no consideration involved.
 DEL ROSARIO, RYAN J. L. | LLB-I EH-410 3

OBLIGATIONS AND CONTRACTS

c. No, because the contract has already been perfected and such
withdrawal is tantamount to a breach in the contract.
d. No, since the 30-day period given by Trillanes is already binding between
them.

4. A, in a written instrument, donated a real property to B worth P1M. B

accepted the donation. Both agreed to affix their signature in the said
instrument. B wanted to have the donation registered but the registration
requires it to be in a public instrument. Can B then sue to compel A to
observe the necessary form? Decide.

a. No, because donations are gratuitous in nature, thus the donor acted in
pure liberality.
b. Yes, because the donation of a real property at a value that exceeds P5,
000.00 is in writing.
c. No, because the donation of real property in the first place is not valid
absence the requirement of delivery for real contracts.
d. No, because the donation of real property in the first place is not valid
absence the formal requirement that it be in a public instrument.

5. Pedro who resides in Cebu wrote to Maria who resides in Manila that he is
donating to her a car worth P1M. Upon the receipt of the letter, Maria called
Pedro and informed him that she is accepting the donation. On the same day
Maria wrote and mailed a letter to Pedro accepting the donation.
Immediately after mailing the letter, Maria died. Who is entitled to the car,
the heirs of Pedro or Maria? Decide.

a. The heirs of Pedro. There was no valid donation. There is acceptance but
the donation of a personal property at a value that exceeds P5, 000. 00
must be in writing to have validity.
b. The heirs of Pedro. There was no valid donation. The donation in the
instant case cannot produce an effect whatsoever.
c. The heirs of Maria. There was a valid donation. There was a meeting of
the minds when Maria called Pedro and informed him that she is
accepting the donation.
d. The heirs of Maria. There was a valid donation. The offer became
effective upon death, civil interdiction, insanity, or insolvency of either
party before acceptance is conveyed.