QUIZ 1 Obligations 1-KEY

1.The following are the requisites of an obligation, except

A. Passive and active subject
B. Prestation
C. Efficient cause
D. Demand

2.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

3. Which of the following is a civil obligation?

A. X obliges himself to pay Y P10,000 on October 30, 2009.
B. A is a debtor of B for P20,000 due on September 30, 1995.
C. The obligation of a husband and wife to observe fidelity.
D. The obligation of a catholic to hear mass every Sunday.

4. Specific performance may not be possible in this civil obligation

A. A, a painter, obliges himself to paint the portrait of B on April 9, 2009
B. C, a farmer, obliges himself to give his only cow to D on February 14, 2009
C. E, a veterinarian, obliges himself to give one of his dogs to F on May 1, 2009
D. G, a registrar of deeds, obliges himself to effect registration of H’s parcel of land on
February 28, 2009.

5. The source of obligations which is a rule of conduct, just and obligatory, promulgated by
legitimate authorities for common good, benefit and observance
A. Contracts
B. Quasi-contracts
C. Delicts
D. Law

6. A juridical necessity to give, to do or not to do

A. Civil obligation
B. Natural obligation
C. Moral obligation
D. Social obligation

7. They give a right of action to compel their performance

A. Civil obligation
B. Moral obligation
C. Natural obligation
D. Social obligation

8. 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

9. This is based on equity and justice

A. Civil obligation
B. Moral obligation
C. Natural obligation
D. Social obligation

10. The person in whose favor the obligation is constituted

A. Obligor
B. Obligee
C. Passive subject
D. Debtor

11. Synonymous to obligee

1. Creditor 2. Active subject 3. Debtor 4. Passive subject

A. 1 and 2 C. 2 and 3
B. 1 and 4 D. 3 and 4

12. The person who has the duty of giving, doing or not doing.
A. Obligee C. Active subject
B. Obligor D. Creditor

13. Synonymous to obligor

1. Creditor 2. Active subject 3. Debtor 4. Passive subject

A. 1 and 2 C. 2 and 3
B. 1 and 4 D. 3 and 4

14. The object or subject matter of the obligation

A. Prestation C. Active Subject
B. Vinculum D. Passive subject

15. The efficient cause or juridical tie why the obligation exists
A. Active subject
B. Passive subject
C. Prestation
D. Vinculum

16. The duty not to recover what has voluntarily been paid although payment was no longer
required

A. Civil obligation C. Moral obligation

B. Natural obligation D. Juridical obligation
17. The following are sources of obligations derived from law, except
A. contracts C. delicts
B. quasi-contracts D. quasi-delicts

18. Cannot be enforced by court action and depend exclusively upon the good conscience of the
debtor.
A. civil obligation C. moral obligation
B. natural obligation D. social obligation

19. A owes B P1,000. A, knowing that the debt has prescribed, nevertheless, still pays B. Can A recover
what he voluntarily paid?

First answer Yes, because B has no right to demand the payment effected by A.
Second Answer No, the payment extinguished the natural obligation.

A. Both answers are correct.

B. Both answers are wrong.
C. Only the first is correct.
D. Only the second is correct.

20. The duty to pay taxes and support one’s family are obligations arising from
A. Law
B. Contracts
C. Quasi-contracts
D. Delicts

21. The obligation of husband and wife to render mutual help and support arises from
A. Contract
B. Law
C. Quasi-contract
D. Quasi-delict

22. A supports B, a minor, because B’s father refuses to support B. The father is obliged to
reimburse A. The source of obligation is

A. contracts C. delicts
B. quasi-contracts D. quasi-delicts

23. A juridical relation resulting from a lawful, voluntary, and unilateral act and which has for
its purpose the payment of indemnity to the end that no one shall be unjustly enriched or
benefited at the expense of another.
A. Contract
B. Quasi-contract
C. Delicts
D. Quasi-delicts

24. When a person voluntarily takes charge of another’s abandoned business or property
 without the owner’s authority where reimbursement must be made for necessary and useful
expenses.
A. Quasi-contract
B. quasi-delict
C. Negotiorum gestio
D. Solutio indebiti

25. 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. Solutio indebiti

26. - 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

27. Tort or culpa aquiliana is

A. Quasi-contract
B. Quasi-delict
C. Negotiorum gestio
D. Solutio indebiti

28. 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. Solutio indebiti

29. Omission of the diligence which is required by the circumstances of person, place and time.
A. Ignorance
B. Negligence
C. Impotence
D. Insanity

30. Unless the law or the stipulation of the parties require another standard of care, every person
obliged to give something is also obliged to take care of it with the proper diligence.
A. Observing utmost care.
B. Observing extraordinary diligence
C. Of a father of a good family
D. Observing ordinary diligence

31. Ordinary diligence is

A. Diligence of a good father of a family.
B. Extraordinary diligence
C. Diligence required by law
D. Diligence of a father of a good family.

32. The creditor has the right to the fruits of the thing.
A. From the time the obligation to deliver it arises.
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.

33. It is a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common
observance and benefit.
a. Law
b. Obligation
c. Contract
d. Memorandum of Agreement

34. A system of norms or rules of character general and common which regulate the relations of
persons, individual or collective, and which protects the person in his personality as well as his
interests both moral and patrimonial.
a. Business Law
b. Civil Law
c. Criminal Law
d. Taxation Law

35. I. The object of civil law is the redress of wrongs by compelling compensation or restitution.
II. In the case of crimes, the main object of the law is to punish the wrongdoer.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

36. It is a juridicial necessity to give, to do or not to do

a. Law
b. Obligation
c. Contract
d. Memorandum of Agreement

37. Which of the following is not considered as quasi-contract?

a. Solutio indebiti
b. When in fact the manager has been tacitly authorized by the owner
c. Negotiorum gestio
d. Reimbursement due the person who saved from destruction the property during fire or
storm without the knowledge of the owner.

38. I. An obligation “to do” includes all kinds of work or service.

 II. An obligation “to give” is a prestation which consists in the delivery of a movable or an
immovable thing.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

39. It is a claim or title to an interest in anything whatsoever that is enforceable by law.

a. Receivable
b. Warranty
c. Right
d. Property

40. I. An obligation is a power, privilege, or immunity guaranteed under a constitution, statue or

decisional law, or recognized as a result of long usage, constitutive of a legally enforceable claim
of one person against the other.
II. For every right enjoyed by any person, there is a corresponding obligation on the part of
another person ti respect such right.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

41. It is a juridicial relation whereby a person may demand from another the observance of a
determinative conduct, and in case of breach, may demand satisfaction from the assets of the
latter.
a. Law
b. Action
c. Contract
d. Obligation

42. X has been missing for some time leaving no one to manage his properties. A and B jointly took
charge of the management thereof. However, due to the negligence of A, the properties of X
were damaged. The liability therefore to X damages shall be:
a. Only A shall be liable
b. Both shall be jointly liable
c. Both shall be solidarity liable
d. A and B are not liable

43. It is one by which a party sues another for the enforcement or protection of a right, or the
prevention or redress of a wrong
a. Civil action
b. Special Proceeding
c. Administrative action
d. Criminal Action

44. It is the act or omission by which a party violates a right of another.

a. Reason of action
 b. Motive of action
c. Cause of action
d. Criminal action

45. The three essential elements of a cause of action are the following, except:___________
a. The legal right of the plantiff.
b. The correlative obligation og the defendant.
c. The act or omission of the plantiff in violation of said legal right.
d. The act or omission of the defendant in violation of said legal right.

46. Obligation of the debtor to deliver a thing. Movable or immovable, to the creditor.
a. Obligation to give
b. Obligation not to give
c. Obligation to do
d. Obligation not to do

47. When a thing is particularly designated or physically segregated from all other from the same
class.
a. Specific thing
b. Generic thing
c. Indeterminate thing
d. All of the above

48. Where X voluntarily takes charge of the neglected business of Y without the latter’s authority
where reimbursement must be made for necessary and useful expenses, there is a:
a. Quasi delict
b. Quasi contract
c. Negotiorum gestio
d. Solutio indebiti

49. When a thing is designated merely by its class or genus without any particular designation or
physical segregation from all others of the same class.
a. Specific thing
b. Determine thing
c. Indetermine thing
d. All of the above

50. I. Obligation to do is also known as negative personal obligation.

II. Obligation not to do is otherwise known as positive personal obligation
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

51. The following are the essential elements of an obligation, except:

a. Debtor
b. Creditor
c. Presentation
 d. Juridicial tie

52. The following are the sources of an obligation, except:

a. Contract
b. Law
c. Prestation
d. Quasi-delict

53. It is a meeting of minds between two persons whereby one binds himself, with respect to the
other, to give something or to render some service.
a. Contract
b. Quasi-contract
c. Law
d. Quasi-delict

54. It refers to certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly
enriched or benefited at the expense of another.
a. Contract
b. Quasi-contract
c. Law
d. Quasi-delict

55. Whoever voluntarily takes charge of the agency or managemen of the business or property of
another, without any power from the latter, is obliged to continue the same until the
termination of the affair and its incidents, or to require the person concerned to substitute him,
if the owner is in a position to do so.
a. Quasi-contract
b. Quasi-delict
c. Negotiorum gestio
d. Solutio indebiti

56. There is no negotorium gestio in one of these instances:

I. When the property or business is not neglected or abandoned.
II. If in fact the manager has been tacitly authorized by the owner.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

57. If something to received when there is no right to demand it, and it was unduly delivered
through mistake, the obligation to return it arises.
a. Quasi-contract
b. Quasi-delict
c. Negotiorum gestio
d. Solutio indebiti

58. It refers to an act or omission which causes damage to another, there being fault or negligence.
The parties has no pre-existing contractual relation.
 a. Quasi-contract
b. Quasi-delict
c. Negotiorum gestio
d. Solutio indebiti

59. X by mistake delivered to A and B a sum of money which should have been delivered to C and D.
X now demand the return of the same from A and B. The liability of the latter for the sum of
money which they are not entitled shall be:
a. A and B shall be liable solodarity
b. A and B shall be liable jointly
c. They are not liable
d. X has no right to recover

60. In delict or acts or omission punished by law, what is not included in civil liability?
a. Restitution
b. Reparation of the damaged caused
c. Indemnification for consequential damages
d. Interest

61. The following are requisites of quasi-delict, except:

a. Damage suffered by defendant.
b. Damage suffered by plaintiff.
c. Fault or negligence of the defendant.
d. Connection of cause and effect between the fault or negligence of defendant and the
damage incurred by plaintiff.

62. I. Negligence is the failure to observe that degree of care, precaution, and vigilance that the
circumstances justly demand.
II. Negligence is the failure to observe for the protection of the interest of another person that
degree of care, precaution, and vigilance which the circumstances justly demand, whereby such
other person suffers injury.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false

63. I. There is exact mathematical formula to determine proximate cause.

II. Proximate cause is based upon mixed considerations of logic, common sense, policy and
precedent.
a. Only I is true
b. Only II is true
c. Both are true
d. Both are false