MIDTERM EXAMINATIONS on OBLICON

(MCQ, TRUE OR FALSE, and Essay)

Instruction: Change the FONT COLOR to RED of the correct answer. As regard the essay just
insert your answer in paragraph form next to the corresponding question and Change the FONT
TO RED

1. Which of the following is a divisible obligation?

a. To deliver a car
b. To not kill any one
c. To pay one million pesos
d. To not compete with employer after retirement

2. “I will pay you 1 million for the car I bought from you.”
a. Pure obligation
b. Conditional obligation
c. Joint obligation
d. Solidary obligation

3. This obligation is characterized by being immediately due and by lack of burden of time or
condition.
a. Pure obligation
b. Conditional obligation
c. Joint obligation
d. Solidary obligation

4. A debtor is liable for the whole obligation although he has other co-debtors.
a. Pure obligation
b. Conditional obligation
c. Joint obligation
d. Solidary obligation

5. Who is entitled to reimbursement for other co-parties’ share in the contract?

a. Solidary co-debtor
b. Solidary co-creditor
c. Joint co-debtor
d. Joint co-creditor

6. This obligation gives the obligor an option to perform only one of several prestations.
a. Simple obligation
b. Alternative obligation
c. Facultative obligation
d. Obligation with a penalty

7. The general rule here is that interest stipulated in the agreement is generally substitute for
fine. If parties agree, interest stipulated and fine should be paid.
a. Simple obligation
b. Alternative obligation
c. Facultative obligation
d. Obligation with a penalty

8. Husband has an obligation to support his wife and children.

a. Obligation ex lege
b. Obligation ex contractu
c. Obligation ex malificio
d. Obligation ex quasi-delicto

9. Which shows a combination of legal and contractual obligations?

a. Husband and wife
b. Bus driver and bus company
c. Murderer and victim
d. Mother and son
10. What do you call the time when an obligation is created?
a. Perfection
b. Extinguishment
c. Fulfillment
d. Meeting of the minds

11. Which of the following does not the immediate demand ability of an obligation?
a. Want of period or term
b. Suspensive condition
c. Period
d. Term

12. Which does not characterize an obligation ex lege?

a. It does not need the consent of the obligor.
b. “Lege” itself should be the creator of the obligation.
c. Compensation is generally a option to extinguish the obligation.
d. It must be expressly set forth in the law creating it and not merely presumed.

13. This obligation is perfected from the time the minds of the parties meet.
a. Obligation ex lege
b. Obligation ex contractu
c. Obligation ex malificio
d. Obligation ex quasi-delicto

14. What governs obligations created by law?

a. The Civil Code only
b. The law creating them only
c. The Civil Code in a suppletory character
d. The law creating them in a suppletory character

15. What does compliance in good faith mean?

a. Contract is law between the contracting parties.
b. Parties must abide by the terms and conditions of the contract.
c. Compliance with a contract cannot be made dependent on the will of only one of the parties.
d. A party cannot cancel or annul the contract without the consent of the other party or the order
of the court.

16. A party cannot evade obligations under the contract. Which is NOT true?
a. Evasion is allowed if provided in the contract.
b. Evasion is allowed is agreed by the parties.
c. Evasion is never allowed.
d. Evasion is illegal.

17. To which limitation to the freedom to contract does “protection of women” belong?
a. Law
b. Morals
c. Good customs
d. Public order
e. Public policy

18. TRUE OR FALSE: When penalty in case of breach of obligation is unconscionably high, the
court can only convince the parties to reduce it.

19. X and Y entered into an agreement whereby X would pay Y 2000 pesos per month so that Y
would take all necessary care of X’s house while he’s on vacation in the US. One night, the house
of Y caught fire and X saved Y’s car, refrigerator, TV, etc. What is the source of X’s obligation to
Y?
a. Law
b. Contracts
c. Quasi-contracts
d. Delicts
e. Quasi-delicts
20. What are characteristics common to mistake in payment and unauthorized management?
a. Lawful, voluntary and unilateral
b. Unlawful, involuntary and multilateral
c. Lawful, voluntary and bilateral
d. Unlawful, involuntary and unilateral

21. What source of obligation is presumptive consent present in?

a. Law
b. Contracts
c. Quasi-contracts
d. Delicts
e. Quasi-delicts

22. What is another term for negotiorum gestio?

a. Mistake in payment
b. Inofficious manager
c. Unjust enrichment
d. Negotiable gesture

23. What is another term for solutio indebiti?

a. Unauthorized management
b. Inofficious manager
c. Unjust enrichment
d. Solution to the debt

24. Jane told John, “If you do something great to me, I will have sex with you.” John who has
been waiting for 10 years to have Jane in bed, saw a chance when he passed by Jane’s house one
night and he saw that watering is coming out of the front door. It would seem that Jane went out
to the movies but forgot to shut the faucet in her bathtub. John broke the door and turned off
the faucet.

a. TRUE OR FALSE: John can demand payment from Jane for negotiorum gestio.
b. TRUE OR FALSE: John can demand to have sex with Jane for what he has done.

25. Which of the following does not characterize negotiorum gestio?

a. The gestor undertook a risky operation which the owner was not accustomed to embark upon.
b. He did not prefer his own interest to that of the owner.
c. He did not fail to return the property after demand from the owner.
d. He did not assume the management in bad faith.

26. Which is not an obligation of a gestor in negotiorum gestio?

a. To render an account of costs and expenses
b. To return the property to the owner upon demand
c. To pay any load he incurred not in the interest of management
d. To pay owner for damages necessarily incurred in the management

27. TRUE OR FALSE: Every person criminally liable is civilly liable.

28. Which of the following is not an element of an obligation quasi-delict?

a. Act or omission
b. Fault or negligence
c. Damage or injury
d. Cause and effect relationship between fault and damage
e. Pre-existing contractual relation between the parties

29. A person civilly liable is not liable for:

a. Restitution
b. Imprisonment
c. Reparation for damages cause
d. Indemnity for consequential damages
30. TRUE OR FALSE: There is natural obligation when…
a. A civil obligation is performed after it prescribes. TRUE
b. A third person pays a debt that has already prescribed. TRUE
c. A contractual obligation is performed after judicial annulment thereof. FALSE
d. A minor performs his obligation in the contract. FALSE
e. A party performs his obligation after the creditor fails to enforce the obligation in court.
FALSE
f. An heir pays debt exceeding the value of the property inherited. TRUE
g. A legatee is paid his share in the inheritance although the court has declared it void. FALSE

31. Which of the following is not true about natural obligations?

a. They are based on equity and natural law.
b. The debtor cannot perform this obligation.
c. The creditor cannot enforce this obligation.
d. They are not based on law, contracts, quasi-contracts, delicts and quasi-delicts.

32. Specific performance as a remedy will compel the obligor to perform his obligation. This is
not available when:
a. Such performance will result in economic loss on the part of the debtor.
b. Such performance will result in inconvenience on the part of the debtor.
c. Such performance will result in unconscionable advantage to the debtor.
d. Such performance will result in harsh, inequitable and oppressive consequences to the debtor.

33. Specific performance plus damages as a remedy is not available if:

a. Purely personal obligations to do
b. Purely personal obligations not to do

34. Which of the following is not a voluntary breach?

a. Mora
b. Dolo
c. Culpa
d. Caso fortuito

35. Who is a good father of a family?

a. He who is knows everything about the future.
b. He who takes precautions when circumstances suggest danger.

36. Which of the following is not a consequence of breach?

a. The obligation is performed at the debtor’s expense.
b. The obligation is done with debtor’s imprisonment.
c. The obligation is done with payment of damages.
d. The obligation poorly done is undone.

37. The remedy of having the obligation done by the debtor or by another at the debtor’s expense
can be availed of when:
a. The obligation is impossible by nature.
b. The obligation is barred by a sunset clause.
c. The obligation is subsequently forbidden by law.
d. The obligation is prejudicial to the rights of a third person.

38. TRUE OR FALSE: In case the remedy mentioned in the next preceding number is not
available, collection of damages is also not available.

39. In reciprocal obligations, there is delay:

a. From the time the obligee judicially demands it.
b. From the time the oblige extrajudicially demands it.
c. From the time the other party complies with his obligation.
d. From the time the period stated in the obligation expires or lapses.

40. What is an element of delay?

a. Obligation must not be due, demandable and liquidated.
b. A judicial or extrajudicial demand has not been made by the creditor.
c. Compliance of the debtor of the creditor’s demand for him to perform.
d. Debtor does not perform his positive obligation on the date agreed upon.
41. There is no need of demand in case:
a. The obligation is reciprocal in nature.
b. There is express waiver of demand.
c. There is a case filed in court.

42. Which is default on the part of the creditor?

a. Mora solvendi
b. Mora accipiendi
c. Compensatio morae

43. TRUE OR FALSE: Mora solvendi does not apply to natural obligations.

44. TRUE OR FALSE: Mora solvendi does not apply to negative obligations.

45. TRUE OR FALSE: Mora solvendi does not make the debtor liable for fortuitous events.

46. TRUE OR FALSE: If the debtor can prove that loss would nevertheless transpire even if he
had not been in default, the court may equitably mitigate his liability.

47. What is the remedy of the debtor in case of mora accipiendi?

a. Annul the contract
b. Sue creditor for damages
c. Consign the thing
d. Compel the creditor to accept

48. Which is an effect of mora accipiendi?

a. Debtor becomes liable for damages.
b. Creditor becomes liable for damages.
c. Debtor becomes liable for loss of the thing due to fortuitous events.
d. Creditor becomes liable for loss of the thing due to fortuitous events.

49. In reciprocal obligations, PARTY A cannot compel immediate compliance from PARTY B if:
a. PARTY A is in delay.
b. PARTY B is in delay.
c. PARTY A has already performed his obligation.
d. A different date for PARTY B’s performance is stipulated.

50. What is the effect of performance by parties of their reciprocal obligations?

a. Compensation
b. Condonation
c. Novation
d. Payment

51. Delay still has effect when:

a. The debt has not yet prescribed.
b. Creditor condones delay expressly.
c. Creditor condones delay impliedly.
d. The debt’s due date has been moved.

52. Which fraud is cause for annulment of the contract?

a. Causal fraud
b. Incidental fraud

53. What is an example of incidental fraud?

a. Debtor delivers a thing of lower quality than that stipulated in the contract.
b. Debtor convinces creditor is engaged in a certain business but actually not.

54. Which is not allowed by law?

a. Waiver of past fraud
b. Waiver of future fraud
c. Waiver of past debt
d. Waiver of future debt
55. Which is not a remedy in case of fraud?
a. Unilateral abandonment of the contract
b. Annulment of the contract
c. Specific performance
d. Damages

56. Which breach admits of mitigation of liability?

a. Diligence
b. Negligence
c. Causal fraud
d. Incidental fraud

57. Which breach can be converted into fraud?

a. Delay
b. Wanton delay
c. Negligence
d. Wanton negligence

58. TRUE OR FALSE: Negligence plus bad faith is considered delay.

59. What is the effect of contributory negligence on the part of the creditor?
a. Cancellation of the contract
b. Mitigation of recoverable damages
c. More liability on the part of debtor
d. Extinguishment of the obligation

60. TRUE OR FALSE. If the negligent act or omission of the creditor is the proximate cause
which has lead to the damage or injury complained of, he cannot recover.

61. Which of the following is NOT a requisite for the application of the rule on fortuitous events?
a. The cause of the event is independent of the will of the debtor.
b. The event is unforeseeable or unavoidable.
c. The occurrence renders it absolutely impossible for the debtor to fulfill his obligation in a
normal manner.
d. Debtor has participated in the aggravation of the injury to the creditor.

62. TRUE OR FALSE:

a. Contributory negligence on the part of the debtor in caso fortuito frees him from liability.
FALSE
b. It is enough that the fortuitous event is merely contributory to the impossibility of the
debtor’s performance of his obligation. TRUE
c. That something is difficult to foresee makes it a fortuitous event. FALSE

63. Which of the following is a force majeure?

a. Earthquakes
b. Storms
c. Floods
d. Wars

64. TRUE OR FALSE:

a. Both force majeure and acts of god are independent of the will of the obligor. TRUE
b. There is liability even in cases of acts of god if law provides. TRUE
c. There is liability for acts of god if the obligation requires assumption of risk. TRUE
d. There is liability for acts of god if parties stipulate. TRUE
e. The debtor is not liable for acts of god even if he’s guilty of malice or bad faith. FALSE
f. The obligor is not liable for acts of god even if he promises to deliver the thing to two or more
persons not having the same interest. TRUE
g. The debtor is not liable for acts of god even if he contributed to the loss. TRUE
h. The debtor remains liable for acts of god if he is guilty of fraud, delay, negligence or
contravention of tenor. TRUE
i. The debtor’s generic obligation is not extinguished by acts of god. TRUE