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Test Bank6 - No Answer Key - Compre
Test Bank6 - No Answer Key - Compre
CONTRACTS
5. It is an essential element of obligation
TEST BANK which is the efficient cause established by
the various sources of obligations:
INTRODUCTION
a. vinculum juris or juridical tie
b. juridical capacity
1. The kind of obligation defined in Article
1156 of the Civil Code is called: c. prestation, object or conduct
a. Natural obligation d. active and passive subjects
b. Civil obligation
c. Moral obligation 6. In an agreement between the seller and
the buyer whereby the former will buy from
d. Parental obligation the latter a specific thing for P1,000, what
is the efficient cause or juridical tie:
11. The creditor is also called: a. Failure to return a borrowed item from a
friend
a. negotiorum gestio
18. Obligation derived from this source of
obligations is not presumed and must b. solution indebiti
expressly provided by the Civil Code or
special laws in order to be demandable: c. quantum meruit
d. res ipsa loquitor
a. law or ex lege
b. contract or ex contractu 22. As a general rule, every person
criminally liable for a felony is:
c. quasi-contract or quasi-contractu
d. act or omission punishable by law or ex
delito or ex malficio a. likewise liable for exemplary damages
b. also civilly liable
19. Obligations arising from this source of c. generally not civilly liable
obligations have the force of law between d. discharged from payment of civil liability
the contracting parties and should be
complied with in good faith:
23. In case of material damage or injury,
the liability of a convicted person includes:
a. law or ex lege
b. contract or ex contractu
a. restitution
c. quasi-contract or quasi-contractu
b. reparation
d. act or omission punishable by law or ex
delito or ex malficio c. indemnification
d. all of the above
20. A source of obligation, which is a legal
fiction of legal relation resulting from
24. It is an act or omission which causes
lawful, unilateral and voluntary act where
damage to another, there being fault or
there is no existing contract:
negligence and there being no pre-existing
contractual relation between the parties:
a. law or ex lege
b. contract or ex contractu a. contract
c. quasi-contract or quasi-contractu b. quasi-contract
d. act or omission punishable by law or ex c. crime
delito or ex malficio
d. quasi-delict
25. A source of obligation where it is not THE PROPER DILIGENCE OF A GOOD
the act or omission which gives rise to the FATHER OF A FAMILY UNLESS THE
obligation, but the want of care required LAW OR THE STIPULAITON OF THE
from the circumstances: PARTIES REQUIRES ANOTHER
STANDARD OF CARE.
a. contract
28. This is a determinate thing:
b. quasi-contract
c. crime
a. A kilo of “dinorado” rice
d. quasi-delict
b. A pet dog Labrador
NATURE AND EFFECT OF
OBLIGATIONS c. Ballpen you are using right now
d. Mobile phone Samsung Galaxy
26. A person who is obliged to give
something is:
29. The following are the rights available
to a creditor in obligations to give a
determinate thing:
a. Required to take care of the thing he
will deliver diligently at all times
b. Required to take care of the thing he a. To compel specific performance
will deliver diligently if the thing is
determinate only b. To recover damages in case of breach.
ART. 1163. EVERY PERSON OBLIGED Art. 1164. The creditor has a right to the
TO GIVE SOMETHINg IS ALSO fruits of the thing from the time the
OBLIGED TO TAKE CARE OF IT WITH obligation to deliver it arises. However, he
shall acquire no real right over it until the 2. To ask that the obligation be complied
same has been delivered to him. with at the expense of the debtor. (ART.
1165)
Duties of debtor in obligation to deliver a
Art. 1165. When what is to be delivered is generic thing.
a determinate thing, the creditor, in
addition to the right granted him by Article They are:
1170, may compel the debtor to make the
delivery. 1. To deliver a thing which is of the quality
intended by the parties taking into
consideration the purpose of the obligation
and other circumstances (see Art. 1246.);
If the thing is indeterminate or generic, he and
may ask that the obligation be complied
with at the expense of the debtor. 2. To be liable for damages in case of
fraud, negligence, or delay, in the
performance of his obligation, or
If the obligor delays, or has promised to contravention of the tenor thereof. (see
deliver the same thing to two or more Art. 1170.)
persons who do not have the same
interest, he shall be responsible for any
fortuitous event until he has effected the A determinate thing is one that is
delivery. particularly designated or physically
segregated from all others of the same
class. (Article 1460, Civil Code of the
Art. 1166. The obligation to give a Philippines)
determinate thing includes that of A generic thing is one whose
delivering all its accessions and determination is confined to that of its
accessories, even though they may not nature, to the genus to which it pertains
have been mentioned. such asa horse, a chair.( De Leon vs.
The following are the rights available to a Soriano, 87 Phil. 196).
creditor in obligations to give:
If it is a determinate thing: 31. If the debtor is already delayed:
a. To compel specific performance (ART.
1165)
a. He is liable for damages even if the
b. To recover damages in case of breach. thing was lost due to fortuitous event
(ART. 1170)
b. He is not liable for damages if the thing
c. Acquires personal right to the fruits of was lost due to fortuitous event
the thing from the time the obligation to
deliver arises (ART. 1164) c. He is not liable for damages all the
times
d. Acquires real right over the thing once
the thing has been delivered to him. (ART. d. He is liable for damages all the times
1164)
e. Rights over the accessories and
accessions. (ART. 1166)
If it is a generic thing: Art. 1165. When what is to be delivered is
a determinate thing, the creditor, in
1. To ask for performance of the addition to the right granted him by Article
obligation. (ART. 1165) 1170, may compel the debtor to make the
delivery.
Accessory and the principal thing MUST
GO TOGETHER.
If the thing is indeterminate or generic, he
may ask that the obligation be complied Both accessions and accessories can
with at the expense of the debtor. exist only in relation to the principal.
33. The creditor in an obligation to do has
the right to:
If the obligor delays, or has promised to
deliver the same thing to two or more
persons who do not have the same
interest, he shall be responsible for any a. Ask the debtor to perform the obligation
fortuitous event until he has effected the b. Ask the debtor who fails to perform the
delivery. shall obligation to pay the person who
executed the obligation
c. Ask the debtor who contrived the tenor
of the obligation or have done the work
32. It the obligation is to give a mobile poorly to pay
phone and there was no agreement:
d. All of the above
a. Fraud
37. The following are primary classes of
b. Delay obligations except:
c. Performance not according to what was
agreed upon
a. pure and conditional
d. All of the above will result to liability for
damages b. alternative and facultative
c. real and personal
d. joint and solidary
a. Fortuitous event
Art. 1179. Every obligation whose b. Condition
performance does not depend upon a
future or uncertain event, or upon a past c. Period
event unknown to the parties, is
demandable at once. d. Day certain
b. Facultative condition
c. Unilateral condition
Art. 1181. In conditional obligations, the
acquisition of rights, as well as the
extinguishment or loss of those already 47. If A binds himself to give B P1,000 if B
acquired, shall depend upon the will cause harm to C, the:
happening of the event which constitutes
the condition.
a. Obligation is void
b. Obligation becomes demandable at
Art. 1182. When the fulfillment of the once
condition depends upon the sole will of the
debtor, the conditional obligation shall be c. The obligation is subject to impossible
void. If it depends upon chance or upon condition
the will of a third person, the obligation
d. None of the above
shall take effect in conformity with the
provisions of this Code.
(i) Suspensive v. resolutory conditions: 48. If A binds himself to give B P1,000 if B
will not cause harm to C, the:
Suspensive Condition– the happening of
which gives rise to an obligation
Resolutory Condition – the happening of a. Obligation is void
which extinguishes the obligation
b. Obligation becomes demandable at
(ii) Potestative, casual and mixed once
conditions:
c. The obligation is subject to impossible
Potestative condition – where the condition
fulfillment depends upon one‘s will (either
the debtor, creditor or a third person) d. None of the above
c. Mario should pay the value of the laptop b. Mrs. Cruz is liable to pay Mrs. Santos
to Trixie and damages because there are damages
important files in the said laptop belonging c. Mrs. Cruz is still liable to deliver the
to Trixie diamond ring to Mrs. Cruz
d. Mario is not liable to pay Trixie d. All of the above
57. Joey is indebted to Maricel in the 60. A promised to give his cellphone to B
amount of P10,000.00. Maricel gave Joey on condition that B will graduate with
the option to just give to her his used honors. The legal consequence if the
cellphone amounting to P5,000.00 instead cellphone deteriorates would be:
of paying the amount of his indebtedness.
Joey has yet to make up his mind what to a. A’s obligation is extinguished regardless
give to Maria when he negligently lost his whether A was at fault or not
cellphone. In this case:
b. B will bear the cost of the repair of the
cellphone if the deterioration was not due
to A’s fault
a. Joey is liable to Maricel of damages
because he was negligent c. A cannot rescind the obligation
regardless whether the deterioration is
due to A’s fault or not
d. None of the above is correct Art. 1191. The power to rescind
obligations is implied in reciprocal ones, in
Art. 1189. When the conditions have been case one of the obligors should not
imposed with the intention of suspending comply with what is incumbent upon him.
the efficacy of an obligation to give, the
following rules shall be observed in case The injured party may choose between the
of the improvement, loss or deterioration fulfillment and the rescission of the
of the thing during the pendency of the obligation, with the payment of damages
condition: in either case. He may also seek
rescission, even after he has chosen
(1) If the thing is lost without the fault of fulfillment, if the latter should become
the debtor, the obligation shall be impossible.
extinguished;
The court shall decree the rescission
(2) If the thing is lost through the fault of claimed, unless there be just cause
the debtor, he shall be obliged to pay authorizing the fixing of a period.
damages; it is understood that the thing is
lost when it perishes, or goes out of This is understood to be without prejudice
commerce, or disappears in such a way to the rights of third persons who have
that its existence is unknown or it cannot acquired the thing, in accordance with
be recovered; Articles 1385 and 1388 and the Mortgage
Law. (1124)
(3) When the thing deteriorates without the
fault of the debtor, the impairment is to be
borne by the creditor;
Art. 1192. In case both parties have
(4) If it deteriorates through the fault of the committed a breach of the obligation, the
debtor, the creditor may choose between liability of the first infractor shall be
the rescission of the obligation and its equitably tempered by the courts. If it
fulfillment, with indemnity for damages in cannot be determined which of the parties
either case; first violated the contract, the same shall
be deemed extinguished, and each shall
(5) If the thing is improved by its nature, or bear his own damages.
by time, the improvement shall inure to the
benefit of the creditor;
(6) If it is improved at the expense of the 62. A is bound to pay B P100,000 on or
debtor, he shall have no other right than before June 1, 2020. A believing that the
that granted to the usufructuary. obligation is due paid B the entire amount.
In this case:
64. The debtor shall lose his right to make b. A has the right to choose which one to
use of the period when: deliver unless there was an agreement to
the contrary.
a. When after the obligation has been
contracted, he becomes insolvent, unless c. B has the right to choose which on
he gives a guaranty or security for the c. B has the right to choose which one
debt. should A deliver unless there was an
b. When he does not furnish to the creditor agreement to the contrary.
the guaranties or securities which he has d. None of the above. *
promised.
Art. 1199. A person alternatively bound by
c. When by his own acts he has impaired different prestations shall completely
said guaranties or securities after their perform one of them.
establishment, and when through a
fortuitous event they disappear, unless he The creditor cannot be compelled to
immediately gives new ones equally receive part of one and part of the other
satisfactory. undertaking.
d. All of the above.
Art. 1200. The right of choice belongs to
the debtor, unless it has been expressly
Art. 1198. The debtor shall lose every right granted to the creditor.
to make use of the period:
The debtor shall have no right to choose
(1) When after the obligation has been those prestations which are impossible,
contracted, he becomes insolvent, unless unlawful or which could not have been the
he gives a guaranty or security for the object of the obligation.
debt;
Art. 1201. The choice shall produce no a. Allan can just pay P5,000 if he does not
effect except from the time it has been want to do the act of getting Ging’s
communicated. necklace
b. Allan should pay Ronnie P5,000 is he
fails to get Ging’s necklace
66. Tito, Vic and Joey are liable to Jose
jointly and severally in the amount of c. Allan can refuse to do what Ronnie asks
P30,000.00. In this case: him to do and also refuse to pay the
P5,000
d. Allan cannot refuse to do what Ronnie
a. Jose can ask Tito to pay the entire asks him to do because of his contract
amount with Ronnie
b. Jose cannot ask Tito to pay the entire
amount
69. Chona wanted to buy a new cellphone.
c. Jose should ask the three, Tito, Vic and Her friend Regidor knew about it and
Joey to pay if she wants to be paid the wanted to impress Chona. So he bought
entire amount the exact model of the cellphone Chona
d. Jose can ask his debtors to pay their wanted to buy. He did it without Chona’s
respective share only consent. Unknown to Regidor, Chona
could have availed of 25% discount from a
seller. In this case:
67. Pilo and Steph are solidarily obliged to
give Minda a specific car worth
P500,000.00. The car was lost because a. Chona should pay the entire amount to
of the fault of Steph. Hence, Minda asked Regidor
them to pay the amount of P500,000.00. b. Chona is only liable to pay 75% of the
Pilo is ready to pay his share but Steph amount of the cellphone
cannot. In this case:
c. Chona is only liable to pay 25% of the
amount of the cellphone
a. Minda can compel Pilo to pay the entire d. Chona is not liable at all to Regidor
amount
b. Minda cannot compel Pilo to pay the
entire amount 70. Troy is indebted to James in the
amount of P50,000. As a security, Troy
c. Pilo is relieved from his obligation offered his diamond-embedded ring that is
because the car was lost due to Steph’s coveted by Missy. Missy paid the loan of
fault Troy to James thinking that Troy will
d. The obligation to deliver the car was default. She did it without Troy’s consent.
extinguished because Pilo had nothing to In this case:
do with the loss
a. Unilateral contract
a. The offer of one of the parties
b. Bilateral contract
b. The acceptance of the offer subject to a
c. Commutative contract certain condition
d. Aleatory contract c. The offer of several options
d. The meeting of the offer and
acceptance
b. Real contract
c. Delivery contract
d. Obligatory contract 90. A offered to sell his favorite car to B for
P400,000. Before B was able to accept
Art. 1316. Real contracts, such as deposit, the offer, A died of sudden heart attack. In
pledge and Commodatum, are not this case:
perfected until the delivery of the object of
the obligation.
a. The heirs of A is obliged to sell the car
to B
88. A owns a property for rent which was
leased by B to C without A’s consent. In b. The heirs of A is not obliged to sell the
case A later ratifies to contract, the car to B
contract of lease is: c. B is obliged to buy the car
d. None of the above
a. Valid
b. Void Art. 1323. An offer becomes ineffective
c. Voidable upon the death, civil interdiction, insanity,
or insolvency of either party before
d. Unenforceable acceptance is conveyed.
89. A owns a property for rent which was 91. A offered to sell his favorite car to B for
leased by B to C without A’s consent. In P400,000. A gave B one week to accept
this case, the contract of lease is: the offer or the car will be sold to another.
In this case:
a. A cannot withdraw his offer to B before
the lapse of one week
a. John, who is deaf and mute
b. A can withdraw his offer to B after the
lapse of one week b. Rebecca, who is 18 years old
c. A can withdraw his offer to B even after c. Connie, who is in lucid interval
the lapse of one week d. All of them may give consent to a
d. None of the above contract
97. A participated in a public auction of 100. Pilo was caught stealing the laptop of
several items for sale conducted by a Steph. Because the laptop was damaged
private auction firm. The sale was “as is due to Pilo’s act, Steph asked Pilo pay her
where is basis.” A participated in a bidding P30,000.00 or else, Steph will sue Pilo
for certain item which he thought will be and would send him to jail. Pilo signed a
useful for his business. It turned out that contract to this effect. Later, he said that
the items have no longer economic use. It he acted with fear because of the
this case: intimidation employed by Steph. In this
case:
a. There was no mistake and the contract
of sale is perfectly valid a. The contract is voidable
b. There was a mistake in this case and A b. The contract is unenforceable
is allowed to invalidate the sale
c. The contract is valid
c. There was no mistake but A can still
refund whatever he paid for the items d. The contract is void