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Multiple Choice Questions in Obligations and Contracts by Miles PDF
Multiple Choice Questions in Obligations and Contracts by Miles PDF
a. Undue Influence
2. Contracts which cannot be sued upon unless b. Fraud
ratified, thus it is as if they have no effect yet are: c. Mistake
d. Misrepresentation
a. Voidable
b. Rescissible ANSWER: B
c. Void
d. Unenforceable
6. "A sells to B his lot and house in the city if A
ANSWER: D decides to transfer and live in the countryside" is an
example of:
a. Confusion
1. When the debtor binds himself to pay when his
b. Reformation means permit him to do so, the obligation is:
c. Compensation
d. Novation a. Conditional
b. Pure
ANSWER: C c. Simple
d. With a Period
ANSWER: B b. Rescissible
c. Void
d. Unenforceable
ANSWER: D
10. Contracts entered into in a state of drunkenness
or during a hypnotic spell are:
4. When the characters of the creditor and the
a. Void debtor are merged in one and the same person,
b. Valid there is extinguishment of the obligation by:
c. Voidable
d. Legal a. Compensation
b. Merger of Rights
c. Novation 8. A contract is in the stage of conception when:
d. Remission
a. There is meeting of the minds.
ANSWER: B b. Negotiations are in progress.
c. The parties come to an agreement.
d. The contract is perfected.
5. Through insidious words or machinations, A
was able to induce B to enter into a contract ANSWER: B
which without them B would not have agreed to
it. There is: 9. If the obligor binds himself to perform his
obligation as soon as "he shall have obtained a
a. Undue Influence loan" from a certain bank, this obligation is:
b. Fraud
c. Mistake a. With a Term
d. Misrepresentation b. Conditional
c. Suspensive
ANSWER: B d. Resolutory
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: 10. Contracts entered into in a state of
drunkenness or during a hypnotic spell are:
a. Mixed Condition
b. Potestative Condition a. Void
c. Casual Condition b. Valid
d. Resolutory Condition c. Voidable
d. Legal
ANSWER: B
ANSWER: C
c. Compensation
d. Novation ANSWER: A
ANSWER: C
12. Which of the following statements is false?
c. When the party seeking resolution can perform
a. Obligations to give definite things and those only as to part and as to remainder
that are not susceptible of partial performance d. When the seller cannot return the installments
shall be deemed divisible. paid to him by the buyer
b. Execution of a certain number of days of work
shall be divisible. ANSWER: B
c. Accomplishment of work by metrical units are
divisible
d. An obligation to pay a certain amount in ten 16. A defective contract where damage or lesion
annual installments is divisible. is essential
ANSWER: A a. Rescissible
13. This contract is without effect unless ratified: b. Voidable
c. Unenforceable
a. Marriage between first degree cousins d. Void
b. Contract of sale between two insane persons ANSWER: A
c. Contract of sale between husband and wife
d. Donation between husband and wife
17. An instrument may be reformed d
ANSWER: B
a. Simple donations inter vivos wherein no
condition is imposed
14. Which of the following contracts is not void ab b. Wills
initio? c. When the instrument does not express the true
intention of the parties due to mistake
a. Those whose object is outside the commerce d. When the real agreement is void
of men
b. That whose object did not exist at the time of ANSWER: C
transaction
c. That which contemplates an impossible service
d. That which is undertaken in fraud of creditors 18. Three of the following contracts are void.
Which one is not?
ANSWER: D
a. Oral contract of partnership of three partners
and capital contribution is more than P3,000 in
15. Rescission of contract can take place in this cash
case b. Written contract contemplating impossible
services
a. When the thing which is the object of the c. Oral contract of partnership where real estate
contract is legally in the possession of a third is contributed as capital
person who acted in bad faith d. Agent's authority to sell land is given orally.
b. When he who demands rescission can return
whatever he may be obliged to restore ANSWER: A
example, buying a piece of pandesal, the buyer
will offer to buy and the seller will accept. At this
point, once the seller and buyer agrees to the
19. When a third person assumes the payment of object and price, and their minds have met;
each of them will not just rescind or refuse to
the obligation even without the knowledge and
comply. Even without knowledge of law, one will
consent of the debtor but with the consent of the not just back out from the perfected sale.
creditor
Then, after the perfection of the contract of sell;
unknowingly, they will go on to consummate the
a. There is novation same. The buyer will hand the money and the
b. There is delegation if debtor is released seller, in return, will hand over the pandesal. A
clear example of reciprocal obligations, isn't?
c. There is subrogation
d. There is expromission if debtor is released If the money given is more than the price of the
pandesal, the seller will give the change. That is
because he knows no one should be enriched at
ANSWER: D the expense of another; hence, he has the
obligation to return what is not due him. Likewise,
if what was delivered to the buyer is more than
what he paid for, he will return the same under
20. Which of the following is not an element of the same principle, creating an implied
legal compensation? obligation to return.
ANSWER: B