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1.

There is no contracts unless the following requisites concur, except:


a. Consent
b. Object certain
c. Cause
d. Written agreement
2. Any property or right not in existence or capable of determination at the time of the contract, that a person may
in the future acquire by succession
a. Present inheritance
b. Future inheritance
c. Legitime
d. None of the above
3. When a person takes improper advantage of his power over the will of another, depriving the latter of a
reasonable freedom of choice
a. Undue influence
b. Fraud
c. Intimidation
d. Violence
4. A ‘misunderstanding of the meaning or implication of something: or “ a wrong action or statement proceeding
from a faulty judgement
a. Mistake
b. Fraud
c. Violence
d. Illegal intimidation
5. The characteristics of consent are the following, except;
a. It should be intelligent
b. It should be free
c. It should be spontaneous
d. It should be honest
6. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to
constitute the contract. Which of the following constitute an offer?
a. An offer made thru an agent
b. Business advertisement of things for sale
c. Advertisement for bidders
d. Answer not given
7. The following are the process incapacitated to give consent, except:
a. Minors
b. Persons under lucid interval
c. Demented persons
d. Deaf-mutes who do not know how to write
8. A person binds himself to render some service or to do something in representation or on behalf of another,
with the consent or authority of the latter
a. Contract of agency
b. Contract of partnership
c. Contract of pledge
d. Contract of mortgage
9. Elements without there cannot be a contract
a. Essential elements
b. Natural elements
c. Accidental elements
d. All of the above
10. The following are the requisites of casual fraud, except;
a. It must have been employed by ne contracting party upon the other.
b. It must have induced the other party to enter into the contract
c. It must not be serious
d. It must have resulted in damage and injury to the other party seeking annulment
11. If the parties state a false cause in the contract to conceal their real agreement.
a. Relative simulation
b. Absolute simulation
c. Real contract
d. Personal contract
12. The following are the elements to consider in determining the degree of intimidation, except
a. Age of the person
b. The education of the person
c. Sex of the person
d. Condition of the person
13. These elements are those without which there can be no contract
a. Inherent elements
b. Essential elements
c. Natural elements
d. Accidental elements
14. This refers to a qualified acceptance
a. Consent
b. Policitacion
c. Counter-offer
d. Option
15. When the contract lacks one of the essential elements, the contract is
a. Voidable
b. Rescissible
c. Void
d. All of the above
16. Which is not an exception in the rule “lesion or inadequacy of cause shall not invalidate a contract”
a. In cases specified by law
b. When there has been fraud
c. When there has been mistake
d. When there has been violence
17. An imperfect promise which is merely an offer
a. Consent
b. Policitacion
c. Acceptance
d. Option
18. The requisites of intimidation are the following, except:
a. That the intimidation must be the determining cause of the contract
b. That the threatened act be just
c. That the threat be real and serious
d. That is produces a reasonable and well-grounded fear from the fact that the person from which it come has
the necessary means or ability to inflict the threatened injury
19. Is any means employed upon a party which, under the circumstances, he could not well resist and which
controlled his volition and induced him to give his consent to the contract, which otherwise he would not have
entered into.
a. Fraud
b. Undue influence
c. Intimidation
d. Violence
20. A deception used by one party prior to or simultaneous with the contract, in order to secure the consent of the
other. Needless to say, the deceit employed must be serious
a. Fraud
b. Casual fraud
c. Incident fraud
d. Malice
21. X, a former givernment employee, suffered from severe paranoia and was confined in the mental hospital in
2001. after his release, he was placed under the guardianship of his wife to enable him to get his retirement pay.
In 2004, he became a mining prospector and sold minimh claims. in 2007, he sued to annul the sale claiming that
he was not mentally capacitated at the time of sale. the sale in question was:
a. illegal
b. valid
c. voidable
d. legal
22. one of the following are circumstances to be considered in case of undue influence
a. the confidential, family, spiritual, and other relations between the parties
b. the fact that the person alleged to have been unduly influenced was suffering from mental weakness
c. the fact that the person alleged to have been unduly influenced was ignorant
d. all of the above
23. these contracts are existent, valid and binding although they can be annulled because of want of capacity or
vitiated consent of one of the parties, but before annulment, they are effective and obligatory between parties
a. rescissible
b. voidable
c. unenforceable
d. void
24. the following are the so-called vices of consent, except
a. mistake
b. fraud
c. violence
d. legal intimidation
25. is manifested by the meeting of the offer and the acceptance upon the thing and the casue which are to
constitute the contract
a. offer
b. acceptance
c. perfection
d. consent
26. a brief period during which an insane person regains sanity sufficient to have the legal capacity to contract and
act on his or her own behalf
a. insanity
b. dementia
c. lucid interval
d. incapacity
27. there is a colorable contract bit it has no substance as the parties have no intention to be bound by it
a. relative simulation
b. absolute simulation
c. real contract
d. personal contract
28. X offered to sell his house to Y for P100,000. Y asks him if he would accept P80,000. Which of the following is
correct
a. Because of ambiguity, both offers are terminated by operation of law
b. Y’s response is a counter-offers effectively terminating the P100,000 offer and instigating an offer of P
80,000
c. Y’s response is a rejection of the P100,000 offer, and there is no offer for P80,000 because it is too definite
to be an offer
d. Y’s response is a mere inquiry, the P100,000 offer by X is still there
29. It is why of the contract or the essential reason which moves the contracting parties to enter into the contract
a. Instrument
b. Consent
c. Object
d. Cause
30. That which is not serious in character and without which the other party would have entered into the contrary
anyway
a. Fraud
b. Casual fraud
c. Incidental fraud
d. Malice
31. Are those which exist only when the parties expressly provide for them for the purpose of limiting or modifying
the normal effects of the contract
a. Accidental elements
b. Inherent elements
c. Natural elements
d. Essential elements
32. Are those which are derived from the nature of the contract and ordinarily accompany the same
a. Inherent elements
b. Essential elements
c. Natural elements
d. Accidental elements

33. Is a unilateral proposition made by one party to b. Illegal threat


another for the celebration of a contract. c. Violence
a. Acceptance d. Undue influence
b. Perfection 35. Is a contract granting a privilege to buy or sell at
c. Consent a determined price within an agreed time
d. Offer a. Earnest contract
34. When one of the contracting parties is b. Option contract
compelled by a reasonable and well-grounded c. Perfected contract
fear of an imminent and grave evil upon his d. Aleatory contract
person or property, or upon the person or
property of his spouse, descendants, to give his
consent.
a. Intimidation

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