Law – Obligations

Question #1
Where demand by the creditor shall be necessary in order that delay may exist
When the obligor has expressly acknowledged that he is in default
When time is of the essence of the contract
When the obligor requested for an extension of time
When demand would be useless

Question #2
The right of a corporation to exist as juridical person during its term as stated in the
articles of incorporation despite the death of any of its stockholders is:
Right of existence
Right of Succession
Right of first refusal
Pre-emptive right

Question #3
It is an intentional evasion of the faithful performance of the obligation.
Negligence Delay Fraud Mistake

Question #4
In what type of delay is consignation the proper legal remedy on the part of injured
party?
mora pactum mora accipiendi mora solvendi mora obligori
)

Question #5
What is the basis of liability of a school when a student is stabbed inside the campus by
a stranger in the school?
Quasi-delicts
Delicts
Quasi-contracts
 Contracts

Question #6
  Payment made by a third person who does not intend to be reimbursed by the debtor is deemed
donation, which requires the debtor’s consent. If the debtor’s consent is not given the obligation
extinguished.
  If the debtor’s consent or permission is not given, but the third person paid the creditor his right is to p
against the creditor for reimbursement and not against the debtor.
True, true
True, false
False, false
False, True

Question #7
If A sells to B a fountain pen, the giving by A to B of the fountain pen is
Constructive delivery
Actual tradition
Symbolical tradition
Tradition longa-manu

Question #8
A contract as a rule must be in writing to be valid.
A taxpayer is not entitled to interest on the overpayment of tax subject of a refund
because an obligation derived from law is not presumed.
First is false, second is true Second is false, first is true Both are false
Both statements are true

Question #9
Alfred obliged himself to deliver specific car to Arnold on February 1, 2018. However
Alfred failed to deliver the car on February 1, 2018. In this case Alfred is already:
Ordinary delay Mora accipiendi Mora solvendi ex persona Mora solvendi
ex re

Question #10
A borrowed P1,000 from B as evidenced by a negotiable promissory note. In order to
secure the fulfillment of the obligation, A pledged and delivered his specific watch to B.
At the date of maturity of the obligation, B voluntarily return the specific watch to A.
Which is correct?
Both contract of loan and contract of pledge are extinguished. Only the contract
of loan is extinguished Only the contract of pledge is extinguished Neither
contract of loan nor contract of pledge are extinguished

Question #11
A quasi-contract is an implied contract.
A defendant who is acquitted in a criminal case is no longer liable civilly.
True; false
False; false
True; true
False; true

Question #12
In order that condonation may extinguish an obligation involving a movable property
whose value exceeds P5,000.00 -
It is required that the condonation and the acceptance must be in a public
instrument
The delivery of the document evidencing the debt is sufficient since the property is
movable
It is sufficient that the condonation and the acceptance are in writing, even a private
one
The condonation and the acceptance may be made orally

Question #13
When the debtor binds himself to pay when his means will permit him to do so, the
obligation is:
Simple
Conditional
With a period
Pure

Business Law - 01. Obligations (Average)

Question #14
It is a wrong committed without any pre-existing relations between the parties
Culpa Contractual Quasi Delict Natural Obligations Quasi Contract

Question #15
Which of the following is not a source of obligation?
Damages 
Contracts 
Delicts
Law 
quasi- contracts

Business Law - 01. Obligations (Average)

Question #16
It is an obligation which is based on positive law and gives right to enforce its
performance
legal obligation
Natural obligation
Civil obligation
Moral obligation

Business Law - 01. Obligations (Easy)

Question #17

D is obliged to give C a specific ring. The parties agreed that D may give a specific
bracelet as a substitute. Which is TRUE?
If the ring is lost through a fortuitous event before substitution, the obligation is
extinguished
If the ring is lost through a fortuitous event after substitution, the obligation is
extinguished
If the ring is lost through the debtors fault after substitution, the debtor shall pay
damages
If the bracelet is lost through a fortuitous event before substitution, the obligation is
extinguished
Question #18
To have the effect of payment, debts in money should be made:
By the delivery of checks or bills of exchange By the delivery of promissory notes
payable to order In currency which is legal tender in the Philippines. All of the
answers are correct.

Question #19
When a borrower uses the thing for a purpose different from the intended, delays its
return to the owner, receives the thing under appraisal, lends to third person or saves
his property instead of the thing in cases of emergency, shall be liable even in cases of
fortuitous events, because
The nature of the obligation requires an assumption of risk. The parties have
expressly stipulated on such liability. The debtor in delay. The law expressly so
provides

Question #20
Omission of the diligence which is required by the circumstances of person,place and
time
Impotence
Negligence
Ignorance
Insanity

Question #21
What is the prescriptive period of action based on quasi-contract?
4 years 5 years 10 years 6 years

Question #22
Elly is obliged to give Berry, either a ring worth P5,000; or bracelet worth P4,500; or a
watch worth P4,000. All the objects were lost due to Ellly's fault in the order stated.
Elly's obligation is extinguished
Elly's obligation is to pay the value of the ring plus damages
Berry's right is to demand the value of any of the objects plus damages
 Elly's obligation is to pay the value of the watch plus damages

Question #23
Novation which changes the parties to the obligation
Personal Partial Mixed Real

Question #24
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 under the principle of
solutio indebiti negotiorum gestio quasi contract quasi delict

Question #25
A and B wrote and signed a promissory note which states I promise to pay C, D and E
P6,000. At the maturity date of the note, how much may C collect from A?
3,000 2,000 1,000 6,000

Question #26
  Payment made by a third person who does not intend to be reimbursed by the debtor is deemed
donation, which requires the debtor’s consent. If the debtor’s consent is not given the obligation
extinguished.
  Interests are recoverable if obligations consist in payment of money upon judicial demand.
False, True
False, false
True, false
True, true

Question #27
The creditor acquires a real right against the debtors from the time the thing should
have been delivered.
The fruits of the thing shall pertain to the creditor from the time they should have been
delivered to him, that is, he has personal right thing to demand delivery of the fruits
existing after the obligation to deliver the principal thing arises.
First is true, second is false
First is false, second is true 
Both statements are false 
 Both are true 

Question #28
D owes C P1M. G is the guarantor. A stranger S paid C the debt of D without the
knowledge of the latter. In this case:
If D fails to pay S, the latter can compel G to pay him;
S cannot compel G to pay him;
D has no obligation to reimburse S because he paid without the consent of D.
If G pays S, the former can demand reimbursement from D;

Business Law - 01. Obligations (Easy)

Question #29
This is a valid obligation
A will give B P 10, 000 if B can make C rise from the dead
A will give B P 1, 000, 000 if B will agree to be the mistress of A
A will give B P 1, 000 if B will not pose nude in a painting session
A will give B P 100, 000 if B will kill C
Business Law - 01. Obligations (Easy)

Question #30
A, 19, B, 18 and C, 17, are solidary debtors of x in the amount of P 90,000
X may not collect because the obligation is voidable, C being a minor
X may collect B P 60,000
X may collect C P 90,000
X may collect A P 90,000

Question #31
Angel promised to allow Jessie to use his car until the latter becomes a lawyer. What is
the type of obligation?
Obligation with a resolutory condition
. Obligation with a suspensive condition
. Obligation ex die or with a suspensive period
Obligation in diem or with a resolutory period.
Question #32
There is Novation of the obligation if:

1 The period for payment is shortened from 5 years to 3 years. 

2 The period for payment is extended from 3 years to 5 years. 
True, false 
True, true 
False, false
False, true 

Question #33
The debtor and creditor are indebted to each other
confusion compensation novation remission

Question #34
A owes B P2,000 demandable and due on September 10, 2013. B, on the other hand,
owes A P2,000 demandable and due on or before September 30, 2013. If B claims
compensation on September 10, 2013, can A rightfully oppose?
No. B who was giving the benefit of the term, may claim compensation because he
could then choose to pay his debt on September 10, 2013 which is actually “on or
before September 30, 2013.”
None of the above.
Yes, A can properly oppose because for compensation to take place, mutual
consent of both parties is necessary.
Yes, A can properly oppose and if B still refuses to accept his payment made ton
September 30, 2013, A can deposit his payment in court.

Question #35
A has an obligation to pay P100,000 to B but the obligation states that A will pay the
obligation when his means permit him to do so. Which of the following statements is
correct?
The obligation is subject to a suspensive condition
The obligation is subject to a resolutory period
The obligation is due and demandable
The court may fix the suspensive period of obligation.
Question #36
X and Y are solidary debtors of A, B, C, and D joint creditors to the amount of P80,000.
How much can A collect from X?
A could recover P 80, 000 from X. A, in turn does not have to give to B, C and D P
20,000 each
A could recover P 40,000 only from X
A could recover P 80, 000 from X. A, in turn has to give to B, C and D P20, 000
each
A could recover P 20,000 only from X

Question #37
I The loss or deterioration of thing intended as a substitute through the negligence of the obligor does no
render him liable.
II A person alternatively bound by different prestations shall completely perform one of them.
False, true True, false True, true False, false

Question #38
A, who is domiciled in Lipa City, has an obligation to deliver a 2018 Ltd Edition Black
Fortuner to B, who is domiciled in Batangas City. A 2018 Ltd Edition Black Fortuner is
located in Tanauan City at the time of perfection of obligation while another 2018 Ltd
Edition Black Fortuner is located in Tagaytay City at the agreed date of delivery. Where
shall the car be delivered by A to B?
Tanauan City Lipa City Batangas City Tagaytay City

Question #39
Action where a person in possession of certain property may bring an action against the
conflicting claimants to compel them to interplead and litigate their several claims
among themselves
Garnishment Interpleader Injunction Attachment

Question #40
Special power of attorney is required in which of the following cases:
Leasing real property of the principal to another person for more than one year
Giving gifts to employees in the business primarily managed by an authorized agent
Paying for purchases in the ordinary course of business.
Borrowing money which is needed to preserve the property of the principal under
agents administration.
Question #41
It is the a juridical relation arising from lawful, voluntary and unilateral acts based on the
principle that no one should unjustly enrich himself at the expense of another
Quasi-delict Quasi-contract Contract Delict

Question #42
It refers to a joint obligations:
One in which each debtor is liable for the entire obligation, and each creditor is
entitled to demand the whole obligations
One in which each of the debtors is liable only for a proportionate part of the debt
and each creditor is entitled only for a proportionate part of the credit
One in which either one of the parties is indispensable or the other is not necessary.
One in which the obligation of one is a resolutory condition of the other, the non-
fulfillment of which entitles the other party to rescind the contract

Question #43
Debtor's default in real obligation
Mora solvendi ex-re
Mora solvendi ex-persona
Mora accipiendi
Compensatio morae

Business Law - 01. Obligations (Average)

Question #44
One where the whole liability is to be paid or fulfilled proportionately by the different
debtors and/ or is to be demanded also proportionately by the different creditors.
Divisible obligation Alternative obligation Joint obligation Facultative
obligation

Question #45
In obligation with penal clause, proof of actual damages suffered by the creditor is
essential to enforce the penalty.
As a rule, the creditor may demand the payment of the penalty, damages and interest in
case of non-performance of the obligation.
 Both statements are false.
Second is true, first is false.
Both are true.
First is true, second is false.

Business Law - 01. Obligations (Average)

Question #46
Whenever in an obligation a period is designated, it is presumed to have been
established to benefit:
The third party The creditor Both the creditor and the debtor The debtor

Question #47
It is a thing that is particularly designated or physically segregated from all others of the
same class:
Real Thing Indeterminate Thing Generic Thing Determinate Thing

Question #48
Source of obligation which is a rule of conduct, just and obligatory, promulgated by
legitimate authorities for common good, benefit and observance.
Contracts
Quasi-delict
Delict
Quasi-contracts
Law

Business Law - 01. Obligations (Easy)

Question #49
Liability for damages arising from fraud is demand able and there can be a waiver of an
action for past fraud.
There can be waiver of an action for future negligence but not fraud.
Second is true, first is false
Both statements are false
First statement is true, second is false
Both are true
Business Law - 01. Obligations (Average)

Question #50
In which of the following is the debtor still liable despite the fortuitous event causing the
loss of the thing?
The nature of the obligation does not require the assumption of risk.
The thing lost is a specific thing.
The performance of the obligation has become impossible.
When the law or the obligation expressly so provides.