1/10/2021 Quiz no 4

Quiz no 4 Total points 19/25

The respondent's email address (leianne.gatdula@college.cksc.edu.ph) was recorded on

submission of this form.

A executes a promissory note in favor of B who subsequently indorsed it 0/1

in favor of A. The obligation to pay the promissory note is thereby
extinguished because there is? *

novation

compensation

confusion or merger

remission

Correct answer

confusion or merger

When the obligation is extinguished because of the passage of time, this 1/1
is: *

prescription

rescission

compensation

fulfillment of resolutory condition

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1/10/2021 Quiz no 4

The transfer to a third person of all the rights appertaining to the creditor 1/1
including the right to proceed against guarantors, or possession of
mortgages, subject to any legal provision or modification that may be
agreed upon *

Delegacion

Expromission

Substitution

Subrogation

52. Compensation cannot take place, except * 1/1

When one debt arises because of a claim for support due to gratuitous title

When one debt arises from a bank deposit

When one debt arises from the obligations of a bailee in commodatum

When one debt arises from the obligations of a depositary

Other:

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1/10/2021 Quiz no 4

D owes C P10, 000 payable on December 25, 2015. Later D forced C to 1/1
sign a promissory note for P10, 000 payable on December 25, 2015. If all
other requisites of compensation are present, are both debts
extinguished? *

Yes, under the legal compensation

No, B’s consent was obtained by force

Yes, with the approval of the court

Answer not given

Novation which changes the object or the principal condition of the 1/1
obligation *

Subtitution

Real

Subrogation

Mixed

Novation which changes the parties to the obligation * 1/1

Personal

Real

Implied

Objective

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1/10/2021 Quiz no 4

75. Novation which changes the object and parties of the obligation * 1/1

Mixed

Real

Subjective

Personal

The act of putting somebody onto the shoes of the creditor enabling him 1/1
to exercise all the rights and actions that could have been exercised by
the latter. *

Expromission

Subrogation

Delegacion

Substitution

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1/10/2021 Quiz no 4

In which of the following instances does legal subrogation does not 1/1
apply? *

When the third person, not interested in the obligation, pays with the express or tacit
approval of the debtor.

When, even without the knowledge of the debtor, a person interested in the
fulfillment of the obligation pays, without prejudice to the effects of confusion as to
the latter’s share.

When a creditor pays another creditor who is preferred even without the debtor’s
knowledge.

Option 5

When a third person pays the creditor without the knowledge or against the will
of the debtor and yet entitled to beneficial reimbursement.

A owes B Php 1M. A proposed to B that C will pay A’s debt and that he will 0/2
be released from all liabilities to him. B and C agreed to the proposal.
Later, when B tried to collect from C, he found out that he was insolvent.
*

A is still liable to B because even if he was the one who proposed to B that c shall
substitute him as debtor.

A is no longer liable to B even if he had knowledge of C’s insolvency provided it is not

of public knowledge.

A is no longer liable to B because of the substitution of C in his place if he had no

knowledge of the insolvency despite it being of public knowledge.

A is no longer liable to B despite the insolvency of C unless said insolvency was

of public knowledge or known to him when he delegated the debt

Correct answer

A is still liable to B because even if he was the one who proposed to B that c shall
substitute him as debtor.

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1/10/2021 Quiz no 4

Element without which there cannot be a contract is: * 1/1

Incidental

Essential

Natural

Accidental

Although contracts bind only contracting parties, their assigns and heirs, 1/1
in the following instances, third persons are bound thereby: *

in case of stipulation pour autrui

in contracts creating real rights

in contracts intended to defraud the creditors

all of the above

A qualified acceptance constitutes: * 1/1

counter offer

an absolute acceptance

a meeting of the minds between the parties

all of the above

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1/10/2021 Quiz no 4

Contracts take effect only to the parties, their assigns and heirs except 1/1
where the rights and obligations arising therefrom: *

All of the above

Is not transmissible by their nature.

Is not transmissible by stipulation of the parties.

Is not transmissible by provision of law.

An offer becomes ineffective if, before acceptance is conveyed, either 1/1

parties become: *

civilly interdicted

Insane

Insolvent

all of the above

Contracts entered into in a state of drunkenness or during hypnotic spell 1/1

is: *

Rescissible

Void

Valid

Voidable

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1/10/2021 Quiz no 4

The following is an example of a real contract: * 1/1

Pledge

Deposit

Commodatum

All of the above

Statement no. 1 – As a rule, contracts take effect only between the 0/1
parties . Statement no. 2 – Mere incidental benefit of the third person is
enough for stipulation pour autri to exist provided he accepts the same. *

Both statements are false

first statement is false, while the second statement is true

Both statements are true

first statement is true, while the second statement is false

Correct answer

first statement is true, while the second statement is false

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1/10/2021 Quiz no 4

These are principles in contracts. Which is not? * 1/1

freedom or autonomy of contracts

perfection by mere consent

binding on third persons

relativity of contracts

34. D borrowed a sum of money from C with a certain rate of interest. C 0/1
now wants to increase the rate of interest without the consent of D.
What principle in contracts prohibits C from doing so? *

relativity

mutuality

consensuality

autonomy of contracts

Correct answer

mutuality

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1/10/2021 Quiz no 4

S offers to sell his house to B for P100,000. B asks him if he would accept 0/1
P80,000. Which of the following is correct? *

B’s response is a mere inquiry, theP100,000 offer by S is still there.

B’s response is a counter-offer effectively terminating the P100,000 offer and

instigating an offer for P80,000.

B’s response is a rejection of the P100,000 offer, and there is no offer for P80,000
because it is too indefinite to be an offer.

Because of ambiguity, both offers are terminated by operation of law.

Correct answer

B’s response is a counter-offer effectively terminating the P100,000 offer and

instigating an offer for P80,000.

In an “invitation” to bid, B proposes the following:“I will buy the property 2/2
for P100,000 and if the bid of any other offeror shall be considered the
best in terms of amount and conditions, I will to equal that offer” *

The advertiser is not bound to accept the highest bidder.

The offer is speculative, because it cannot be considered as against another offer

which is certain.

This is a continuing offer which is very certain.

The offer is considered a counter offer.

This form was created inside of Chiang Kai Shek College.

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