Professional Documents
Culture Documents
Law On Oblig
Law On Oblig
CREATED BY:ANONYMOUS
Under Quasi contracts, when funeral expenses are borne by the third person, without the knowledge
of the relatives who are obliged to give support to the deceased, said relatives must reimburse to
the third person, even without claim was made by the third person.
Select one:
a. True
b. False
Under Quasi-delict, Teachers or Heads of establishment of arts and trades shall be liable for
damages caused by their pupils or students or apprentices, as long as they are not in their custody.
Select one:
a. True
b. False
Under Quasi-delict, Guardians are liable for damages caused by minors or incapacitated person who
are under their authority and live in their company.
Select one:
a. True
b. False
Civil action for recovery of civil liability arising from the offense is impliedly instituted with the
criminal action except;
Select one:
a. All of the choices
b. offended parties reserves right to institute it separately
c. Civil action may proceed to final judgment irrespective of the result of the criminal action and
filing of the criminal action does not suspend the civil action.
d. The law provides for an independent civil action.
Under Quasi-delict, the State is responsible in like manner when it acts through a special agent but
not when the damage has been caused by the official to whom the task done properly pertains, in
which case what is provided in article 2176 shall be applicable.
Select one:
a. False
b. True
Elements of Obligation where in the obligee is bound to perform the prestation . (obligor/debtor)
Select one:
a. Passive Subject
b. Active Subject
c. Form in which obligation is manifested
d. Efficient cause
Obligations arising from contracts have the force of law between contracting parties and should be
complied with good faith.
Select one:
a. True
b. False
Obligation arising from quasi- delict is demandable not only for one's own acts or omissions but also
for those persons for whom one is responsible.
Select one:
a. Test of negligence
b. Liability for fault for others
c. Pre contractual obligation
d. Diligence of Employers
An employer may be civilly liable for the quasi delict or crime of his employee.
Select one:
a. Pre contractual obligation
b. Liability for fault for others
c. Diligence of Employers
d. Test of negligence
Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm
to the person injured as reasonable consequence of the course about to be pursued?
Select one:
a. Liability for fault for others
b. Diligence of Employers
c. Pre contractual obligation
d. Test of negligence
The following are the exceptions under transmissibility of rights of fulfillment of obligation, except:
Select one:
a. Not transmissible by law.
b. Not transmissible by their very nature (e.g personal rights)
c. None of the choices
d. There is stipulation of the parties that they are not transmissible , not be easily implied but
clearly established or by thevery least, clearly inferable.
If the obligation consist in the payment of a sum of money and the debtors incurs delay, the
indemnity of damages, there being no stipulation to the contrary, shall be the payment of interest
agreed upon, and in the absence of the stipulation, the legal interest will be ___________percent
per annum per Article 2209.
Select one:
a. 6
b. 8
c. 4
d. None of the choices
Under kinds of prestation on obligation not to do, the following are the duties of the obligor except:
Select one:
a. To shoulder the cost to undo what should not have been done.
b. To demand reimbursement to those who benefitted.
c. To pay the damages
d. Not to do what should not be done
The following are the duties of obligor under Obligation to Give, except:
Select one:
a. To deliver the thing itself
b. None of the choices
c. To deliver the thing itself
d. To preserve thing in due care
Under kinds of prestation on obligation to do, the duty of the obligor to pay damages as obliged to
do something fails to do it , the will be no action for compliance because that would be involuntary
servitude as prohibited by the constitution.
Select one:
a. False
b. True
The following are the requisites of fortuitous event under extinguishment of liability in case of
breach except:
Select one:
a. Possible to foresee the event which constitute caso fortuito and avoidable
b. Occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a
normal manner
c. Obligor must be free from any participation in the aggravation of the injury resulting to the
creditor
d. Cause of the unforeseen and unexpected occurrence or the failure of the debtor to comply with
his obligation must be independent of human will.
Mora means _________________.
Select one:
a. Negligence
b. Obligation
c. Delay
d. Prestation
In reciprocal obligations, there can only be delay in negative obligations (not to give or not to do)
not in positive obligations (to give or to do).
Select one:
a. True
b. False
The following are the primary remedies of creditor in case of breach except:
Select one:
a. Action for performance
b. Accion Subrogatoria
c. Action for damages
d. Action for rescission
Demand may be in any form, provided it can be proved. Burden of proof of demand on creditor.
Select one:
a. True
b. False
Default ends from the moment creditor demands the performance of obligation.
Select one:
a. False
b. True
Under Alternative Obligations, the following are the effects of loss or impossibility of one or all
prestations or when the debtor shall lose the right of choice, when among the prestations whereby
he is alternatively bound only one is practicable except:
Select one:
a. None of the choices
b. Converted to simple and pure obligation
c. Creditor cannot claim for damages because it's the debtor's call.
d. The impossibility of the act must not be due to creditor's act
When fulfillment of obligation is no longer possible, rescission takes place.
Select one:
a. False
b. True
Under Obligations with Penal clause, the following are the effects of penal clause except:
Select one:
a. Creditor can collect other damages in addition to penalty, if the debtor is guilty of fraud in the
fulfillment of obligation.
b. Creditor cannot demand both performance and penalty at the same time.
c. Substitute for indemnity for damages and payment of interest.
d. Not exempt debtor for performance.
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Question text
Even though the object or service may be physically divisible but the obligation is indivisible if
Select one:
a. provided by law
b. definite things
c. All of the choices
d. intended by both parties
When only one prestation is agreed upon, but the obligor may render another substitution, the
obligation is ________________________.
Select one:
a. Solidary
b. Facultative
c. Alternative
d. Joint
General Rule: Nullity of penal clause does not nullify affect the principal ______________________.
Select one:
a. Demand
b. Obligation
c. Damages
d. None of the choices
________________________ conditions as to possibility which are those contrary to good customs
or public policy and those prohibited by law shall annul the obligation which depends on them.
Select one:
a. Negative
b. Impossible
c. Casual
d. Mixed
Under kinds of period or term as to source, Article 1197 Par 3, in every case, the court shall
determine such period as may under circumstances have been contemplated by both parties. Once
fixed by the courts, the period cannot be changed by them.
Select one:
a. False
b. True
Under obligations with Penal clause, the penalty may be enforced only when it is
______________________ in accordance with the provision under Article 1226 par2.
Select one:
a. stipulated
b. fulfilled
c. demandable
d. performed
General rule: Nullity of principal obligation, also nullify ____________________.
Select one:
a. Penal clause
b. Damages
c. None of the choices
d. Fulfillment
___________________ is a kind of indivisible obligation even the object or service may be divisible,
an obligation is indivisible if so provided by law or intended by parties.
Select one:
a. Natural
b. Legal
c. Active
d. Passive
There is solidarity liability only when obligation expressly so states or when the law or when the
nature of the obligation requires solidarity.
Select one:
a. True
b. False
Under payment/performance, the delivery of promissory notes payable to order or bills or exchange
or other mercantile documents shall produce effect of payment only when they are
___________________, or when through the fault of the creditor they have been impaired.
Select one:
a. Cashed
b. Delivered
c. None of the choices
d. Endorsed
Under Estoppel, when the obligee accepts the performance, knowing its incompleteness or
irregularity and without expressing any protest or objection, the obligation is deemed
_______________________.
Select one:
a. All of the choices
b. Accomplished
c. Complied with
d. Extinguished
General rule: Creditor cannot be compelled to receive partial prestations as well as Debtor cannot be
compelled to pay partial payments.
Select one:
a. False
b. True
The following are the effects if a third person payment which is not an interested party with debtor's
consent, except:
Select one:
a. Legal subrogation/novation -Payor can exercise all the rights of the creditor arising from the very
obligation itself whether against the debtor or third person
b. Third person is not entitled to full reimbursement
c. Creditor may refuse to accept payment
d. None of the choices
In general rule, payment to a wrong third party is valid but obligation is not extinguished even if in
good faith of the debtor.
Select one:
a. True
b. False
In Under payment by Cession, the debtor may cede or assign his property to his creditors in
payment of his debts unless _______________________________.
Select one:
a. None of the choices
b. Initiated by the debtor and accepted by creditor.
c. Insolvency of the debtor.
d. There is stipulation to the contrary.
As a general rule, partial payment is not allowed, creditor cannot be compelled to receive partial
prestations same way debtor cannot be compelled to give partial payments except:
Select one:
a. Expressly stipulated to that effect
b. Debt is partly liquidated and partly unliquidated
c. All of the choices
d. When there are several subjects/parties are bound under different terms and conditions
_________________________ property is alienated to the creditor in satisfaction of a debt in
money shall be governed by laws of sales.
Select one:
a. Dation in payment
b. None of the choices
c. Payment by cession
d. Consignation
of 1.00
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Question text
The following are the third persons or interested parties who can pay to extinguish obligation
except:
Select one:
a. Sureties
b. Co-debtors
c. Debtor
d. Guarantors
If the debt produces interest, payment to the principle should have not deemed have been made
until the interest has been covered.
Select one:
a. True
b. False
Under obligation to give, when a minor 18-21 entered into a contract without parental consent ,
voluntarily pays the sum of money and delivers a fungible thing in fulfillment of an obligation, there
shall be no right to recover the same from the oblige who has spent or consumed it in good faith.
Select one:
a. True
b. False
Under Quasi contract, consider a pizza that is delivered to the wrong address. The pizza has already
been paid for. If the individual does not correct the delivery man and instead keeps the pizza, the
court system could issue a quasi contract that would require the Individual to pay back the amount
of the pizza to the party that paid for the pizza. The contract is used to prevent any party from
benefiting from the situation at the other party's expense; the restitution required under the
contract is to make the situation____________.
Select one:
a. Unfair
b. None of the choices.
c. Fair
Under obligations, an active subject, also known as the________________, who has the power to
demand the prestation
Select one:
a. Debtor
b. Obligor
c. Complainant
d. Obligee or creditor
Mr. Chan broke a window of Ms Pat while playing pingpong. The accident would have not happened
had Mr Chan played far from the property of Ms Pat. In this case, Mr Chan has no obligation to pay
the damage caused to Ms. Pat by his act although there are no pre-existing sources of obligation.
Select one:
a. True
b. False
Sheila bought a refrigerator from May but Sheila did not pay the refrigerator. If after demand, Shiela
still did not pay, May can sue Shiela in Court either to demand payment or for recovery of the
refrigerator.
Select one:
a. True
b. False
An obligation is a legal duty, however created, the violation of which may become the basis of an
action of law.
Select one:
a. False
b. True
If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; It is
understood that the thing is lost when it __________________________.
Select one:
a. Perishes
b. All of the choices
c. Disappears in such a way that its existence is unknown or it cannot be recovered.
d. Goes out of the commerce of man
The following crimes are exempted from civil liability under acts punishable by law except:
Select one:
a. Gambling
b. Traffic violations
c. Criminal contempt
d. None of the choices
An accounting firm and a computer shop are two separate businesses that do not have any
connection. If the accounting firm buys 20 sets of computers for P400,000.00 from the computer
shop, then a legal connection (juridical relation) is created between the two enterprises. With a
perfected written contract of sale, the accounting firm may demand from the computer shop the
______________________.
Select one:
a. Delivery of 15 sets of computers only.
b. Delivery of the 20 sets of computers.
c. Not to deliver the 20 sets of computers
d. None of the choices.
Under subsidiary liability of a crime, innkeepers, tavern keepers or any other persons or corporation,
shall not be civilly liable for crimes committed in their establishment.
Select one:
a. True
b. False
Obligations arising from contracts have the force of law between the contracting parties and should
be complied with in bad faith.
Select one:
a. True
b. False
The following are exempting circumstances, do not incur criminal liability but not exempt from civil
liability except:
Select one:
a. Imbecile
b. Acting under compulsion of an irresistible force
c. Insane person acting in lucid interval
d. Person under 9 years of age
Commission of crimes causes not only moral evil but also material damage.
Select one:
a. False
b. True
Jenny was driving under the influence of alcohol at a speed of 120 kph. Jenny hit the car of Neil,
causing damage to the car which required P100,000.00 to repair. Neil was also physically injured
and incurred medical expenses in the amount of P100,000.00. Requisites of Quasi Delict: Jenny
drove and hit Neil's car which constitutes ____________________ as a requisite of quasi delict.
Jenny was negligent for driving the car above the speed limit and under the influence.The collision
injured Neil and damage to Neil's car. There is no contract between Jenny and Neil.
Select one:
a. There must be an act or omission.
b. Such act or omission is caused by fault or negligence.
c. Such act or omission causes damage to another.
d. None of the choices
Obligation arising from Law or 'Obligation ex lege' is imposed by law itself and must be expressly or
impliedly set forth and cannot be presumed.
Select one:
a. False
b. True
A car distributor placed an order for 20 luxury cars from a car maker company provided that the
latter deliver the goods within 12 months. It was expressly agreed and stipulated in writing that full
payment depended on the prompt delivery of the goods. If the cars are delivered within the agreed
period, the car company acquires to right to demand full payment for the purchase and its obligation
to deliver is extinguished. Conversely, if the cars are not delivered after the expiration of the period,
does the obligation to pay by the car distributor's extinguished?
Select one:
a. No as per conditional obligation.
b. Yes as per pure obligation.
c. Yes as per conditional obligation.
d. No as per pure obligation.
The receipt of the principal by the creditor, without reservation with respect to interest, shall give
rise to the presumption that the interest has not been paid.
Select one:
a. True
b. False
The relativity as a characteristic of contract will take effect only between parties, their assignments
and heirs.
Select one:
a. False
b. True
There must be mutuality between the parties in contracts based on their essential equality, to which
is repugnant to have one party bound by the contract leaving the other free there from.
Select one:
a. True
b. False
A contract is to be judged by its character, courts will look into substance and not to the mere form
of the transaction.
Select one:
a. False
b. True
Stipulations in favor of third persons may demand its fulfillment provided the acceptance is made
after revocation.
Select one:
a. False
b. True
In contracts creating real rights, third persons who come into possession of the object of the
contract are bound hereby, subject to the provisions of the Mortgage Law and Land Registration
Laws.
Select one:
a. False
b. True
Obligations arising from the contract have the force of law between contracting parties.
Select one:
a. False
b. True
Contracts are perfected by mere consent, and from that moment, the parties are bound not only to
fulfillment of what has been expressly stipulated but not to consequences
Select one:
a. True
b. False
The determination of the performance maybe left to a third person, whose decision is binding even
if not known to both parties.
Select one:
a. True
b. False
The fixing of a price may be determined by one of the contracting party for the sale to be perfected.
Select one:
a. False
b. True
____________________is a characteristic of a contract which is binding only upon the parties and
their successors.
Select one:
a. Obligatory force
b. Freedom
c. Mutuality
d. Relativity
Check
___________________ is where courts must find that the contract contravenes some established
interest in the society
Select one:
a. Contrary to public policy
b. Contrary to good customs
c. Contrary to law
d. Contrary to morals
A contract where consent is given through mistake, violence, intimidation, undue influence is
voidable.
Select one:
a. False
b. True
The particular motive of the parties entering into a contract are the same from the cause thereof.
Select one:
a. False
b. True
The object of the obligation and object of the contract created thereby need not be identical.
Select one:
a. False
b. True
Under defective causes, lesion or inadequacy of cause is valid unless fraud or undue influence is
valid.
Select one:
a. False
b. True
In impossibility of things and services, the impossibility must be actual and contemporaneous with
the making of the contract and not subsequent.
Select one:
a. True
b. False
If the debtor knew the impossibility of things and services, he will be liable for damages.
Select one:
a. True
b. False
Acceptance made by a letter or telegram does not bind the offerer except from the time it came to
his knowledge. The contract in such case is presumed to have been entered in the place where the
offer was made.
Select one:
a. True
b. False
Absence of cause and unlawful cause produces no effect whatever. The cause is unlawful is it is in
contrary to law, morals, good customs, public order and public policy.
Select one:
a. True
b. False
Although the cause is not stated in the contract, it is not presumed to that it exists and illegal.
Select one:
a. True
b. False
_______________________is the thing, right or service which is the subject matter of the obligation
arising from the contract
Select one:
a. Cause
b. Object
c. Consent
d. Motive
An exception in the form of contracts is when the law requires that a contract be in order it may be
valid or enforceable.
Select one:
a. False
b. True
If mistake, fraud, inequitable conduct or accident has prevented to have a meeting of the minds by
both parties, the remedy is reformation.
Select one:
a. False
b. True
If two parties agree upon the mortgage or pledge of real or personal property, but the instrument
states that the property is sold absolutely or with a right of repurchase, reformation of the
instrument is proper.
Select one:
a. True
b. False
When mutual mistake of the parties causes the failure of the instrument to disclose their real
agreement, said instrument may be annulled.
Select one:
a. True
b. False
Contracts shall be obligatory, in whatever form they may have been entered into, provided all
essential requisites for their validity are present.
Select one:
a. False
b. True
When there is meeting of minds but the true intention is not expressed, a relief of reformation of the
instrument may be sought by one of the parties.
Select one:
a. True
b. False
All other contracts where the amount does not exceed five hundred pesos must appear in writing.
Select one:
a. False
b. True
If one party was mistaken and the other acted fraudulently or inequitably in such a way that the
instrument does not show their true intention, the former may ask for the reformation of the
instrument.
Select one:
a. True
b. False
If the law requires a document or other special form, as in the acts and contracts enumerated in the
contracts must appear in public document, the contracting parties may
_____________________each other to observe that form, once the contract has been perfected.
Select one:
a. Disregard
b. Exempt
c. Refrain
d. Compel
All other contracts where the amount exceeds five hundred pesos must appear in
_________________, even private one.
Select one:
a. Writing
b. None of the choices
c. General circulation
d. Newspaper
What action may be taken when the true intentions of the parties are not expressed in the
instrument?
Select one:
a. Annulment
b. Enforcement
c. None of the choices
d. Reformation
If two parties agree upon the mortgage or pledge of real or personal property, but the instrument
states that the property is sold absolutely or with a right to repurchase,
__________________________of the instrument is proper.
Select one:
a. Annulment
b. None of the choices
c. Enforcement
d. Reformation
As a general rule, contracts shall be ___________________ in whatever form they have entered
into, provided all essential requisites for their validity are present.
Select one:
a. Unenforceable
b. None of the choices
c. Obligatory
d. Void
Under form of contracts, when the law requires that a contract be in some form in order that it may
be valid and enforceable or that a contract be proved in a certain way, that requirement is
________________and indispensable.
Select one:
a. Partial
b. Absolute
c. Conditional
d. Limited
The following are reasons to annul a contract when it has prevented the meeting of the minds of the
parties, except:
Select one:
a. Accident
b. Fraud
c. Equitable conduct
d. Mistake
When a mutual mistake of the parties causes the failure of the instrument to disclose their real
agreement, said instrument may be______________________.
Select one:
a. rescind
b. reformed
c. annulled
d. none of the choices
Contracts are perfected by mere consent, and from that moment the parties are bound not only to
the fulfillment of what has been expressly stipulated but also to all the consequences which,
according to their nature, may be in keeping with good faith, usage and law.
Select one:
a. False
b. True
No contract may be entered into upon future inheritance except in cases expressly authorized by
law.
Select one:
a. False
b. True
An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party
after acceptance is conveyed.
Select one:
a. True
b. False
_____________________ is a unilateral proposition which one party makes to the other for the
celebration of the contract
Select one:
a. Offer
b. None of the choices
c. Acceptance
d. Counter-offer
All services which are not contrary to law, morals, good customs, public order or public policy may
likewise be the object of a contract.
Select one:
a. True
b. False
In acceptance of offer with a period, acceptance beyond the time fixed is not legally an acceptance
but an old offer.
Select one:
a. False
b. True
Acceptance made by letter or telegram does bind the offerer except from the time it came to his
knowledge. The contract, in such a case, is presumed to have been entered into in the place where
the offer was made.
Select one:
a. False
b. True
No one may contract in the name of another without being authorized by the latter, or unless he has
by law a right to represent him.
Select one:
a. True
b. False
A contract entered into in the name of another by one who has no authority or legal representation,
or who has acted beyond his powers, shall be unenforceable, unless it is ratified, expressly or
impliedly, by the person on whose behalf it has been executed, before it is revoked by the other
contracting party.
Select one:
a. False
b. True
The parties are free to determine the content of the contract insofar as it does not contravene the
mandatory provisions of both the law and good morals.
Select one:
a. True
b. False
All things which are not outside the commerce of men, including future things, may be the object of
a contract.
Select one:
a. False
b. True
When one of the parties is unable to read, or if the contract is in a language not understood by him,
and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof
have been fully explained to the former.
Select one:
a. False
b. True
An offer made through an agent is accepted from the time acceptance is communicated to him.
Select one:
a. True
b. False
An absolutely simulated or fictitious contract is _____________________.
Select one:
a. none of the choices
b. voidable
c. valid
d. void
Misrepresentation made in good faith is not fraudulent but may constitute ________________.
Select one:
a. none of the choices
b. error
c. culpable violation of the law
d. consent
The usual exaggerations in trade, when the other party had an opportunity to know the facts, are
not in themselves ________________________.
Select one:
a. fraudulent
b. None of the choices
c. voidable
d. valid
Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause
which are to constitute the contract. The offer must be certain and the acceptance absolute. A
qualified acceptance constitutes a ____________________.
Select one:
a. none of the choices
b. counter affidavit
c. counter strike
d. counter offer
The determination of the performance may be left to a third person, whose decision shall not be
binding until it has been made known to both contracting parties.
Select one:
a. True
b. False
Words ought to be subservient to the intent, not the intent to the word.
Select one:
a. False
b. True
The usage or custom of the place shall be disregarded in the interpretation of the ambiguities of a
contract, and shall fill the omission of stipulations which are ordinarily established.
Select one:
a. True
b. False
If the doubts are cast upon the principal object of the contract in such a way that it cannot be
known what may have been the intention or will of the parties, the contract shall be valid.
Select one:
a. True
b. False
When you interpret a contract you must look for the contractual intent.
Select one:
a. True
b. False
In order to judge the intention of the contracting parties, their contemporaneous and subsequent
acts shall be principally considered.
Select one:
a. True
b. False
Contracts of Adhesion shall be resolved against the party who prepared the contract and in favor of
the one who merely adhered to it.
Select one:
a. False
b. True
Rescissible contract that has caused a particular damage to one of the parties or to a third person
and which for equitable reasons may be set aside even if valid.
Select one:
a. True
b. False
The various stipulations of a contract shall be interpreted together, attributing to the doubtful ones
that sense which may result from all of them taken jointly.
Select one:
a. False
b. True
The interpretation of obscure words or stipulations in a contract shall favor the party who caused
the obscurity.
Select one:
a. False
b. True
If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties,
the literal meaning of its stipulations shall control.
Select one:
a. True
b. False
The usage or custom of the place shall be borne in mind in the interpretation of the ambiguities of a
contract, and shall fill the omission of stipulations which are ordinarily established.
Select one:
a. True
b. False
_________________contract that cannot be enforced unless ratified in the manner provided by law.
Select one:
a. Adhesion
b. Rescissible
c. Voidable
d. Unenforceable
_______________________contract shall be resolved against the party who prepared the contract
and in favor of the one who merely adhered to it.
Select one:
a. Voidable
b. Rescissible
c. Adhesion
d. Unenforceable
Words which may have different significations shall be understood in that which is most in keeping
with the nature and object of the contract.
Select one:
a. False
b. True
The interpretation of obscure words or stipulations in a contract shall favor the party who caused
the obscurity
Select one:
a. True
b. False
The contract with absolute nullity and produces no effect as if it had never been executed or
entered into.
Select one:
a. True
b. False
If the doubts are cast upon the principal object of the contract in such a way that it cannot be
known what may have been the intention or will of the parties, the contract shall be null and void.
Select one:
a. True
b. False
Contracts which are entered into by guardians whenever the wards whom they represent suffer
lesion by more than one-fourth of the value of the things which are the object thereof may not be
rescinded.
Select one:
a. TRUE
b. FALSE
Under rescissible contracts, whoever acquires in bad faith the things alienated in fraud of creditors,
shall indemnify the latter for damages suffered by them on account of the alienation, whenever, due
to any cause, it should be impossible for him to return them.
Select one:
a. FALSE
b. TRUE
The action for annulment of contracts shall not be extinguished when the thing which is the object
thereof is lost through the fraud or fault of the person who has a right to institute the proceedings.
Select one:
a. TRUE
b. FALSE
An obligation having been annulled, the contracting parties shall restore to each other the things
which have been the subject matter of the contract, with their fruits, and the price with its interest,
except in cases provided by law.
Select one:
a. FALSE
b. TRUE
Rescission shall be only to the extent necessary to cover the damages caused.
Select one:
a. TRUE
b. FALSE
These contracts under voidable are binding, unless they are annulled by a proper action in court.
They are susceptible of ratification.
Select one:
a. FALSE
b. TRUE
Ratification does not require the conformity of the contracting party who has no right to bring the
action for annulment of contracts
Select one:
a. FALSE
b. TRUE
Payments made in a state of insolvency for obligations to whose fulfillment the debtor could not be
compelled at the time they were effected, are also __________________________.
Select one:
a. Ratification
b. Reformation
c. Rescissible
d. Voidable
Under voidable contracts, When the defect of the contract consists in the incapacity of one of the
parties, the incapacitated person is not obliged to make any ___________________except insofar
as he has been benefited by the thing or price received by him.
Select one:
a. penalty
b. restitution
c. None of the choices
d. non payment
Those contracts where one of the parties is incapable of giving consent to a contract;
Select one:
a. Ratification
b. Rescissible
c. Voidable
d. Reformation
_______________________ extinguishes the action to annul a voidable contract
Select one:
a. Reformation
b. Voidable
c. Rescissible
d. Ratification
The prescription period to file for action for annulment of contract is ______________years.
Select one:
a. 4
b. 3
c. 5
d. 6
Those contracts where the consent is vitiated by mistake, violence, intimidation, undue influence or
fraud.
Select one:
a. Ratification
b. Reformation
c. Rescissible
d. Voidable
Those contracts undertaken in fraud of creditors when the latter cannot in any other manner collect
the claims due them.
Select one:
a. Reformation
b. Rescissible
c. Voidable
d. Ratification
A contract which is the direct result of a previous illegal contract is also void and inexistent.
When the agreement is not illegal per se but is merely prohibited, and the prohibition by the law is
designated for the protection of the plaintiff, he may, if public policy is thereby enhanced, recover
what he has paid or delivered.
Select one:
a. TRUE
b. FALSE
a. TRUE
b. FALSE
Those contracts that are expressly prohibited or declared void by law are unenforceable.
Select one:
a. FALSE
b. TRUE
Those contracts which are absolutely simulated or fictitious are inexistent or void from the
beginning.
Select one:
a. FALSE
b. TRUE
Those contracts entered into in the name of another person by one who has been given no authority
or legal representation, or who has acted beyond his powers are inexistent or void from the
beginning.
Select one:
a. TRUE
b. FALSE
When the law sets, or authorizes the setting of a minimum wage for laborers, and a contract is
agreed upon by which a laborer accepts a lower wage, he shall be entitled to recover the deficiency.
Select one:
a. TRUE
b. FALSE
Those contracts which contemplate an impossible service are inexistent or void from the beginning.
Select one:
a. FALSE
b. TRUE
In a contract where both parties are incapable of giving consent, express or implied ratification by
the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract
the same effect as if only one of them were incapacitated.
Select one:
a. FALSE
b. TRUE
In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter
may be enforced.
Select one:
a. FALSE
b. TRUE
Contracts that are ratified, where both parties are incapable of giving consent to a contract are
unenforceable.
Select one:
a. TRUE
b. FALSE
Under Void contracts, when the act is unlawful but does not constitute a criminal offense at the
same time both parties are at fault,_____________________________
Select one:
a. Both parties may recover what they have given by virtue of the contract.
b. All of the choices
c. Both parties may file an action against each other
d. Neither party may recover what he has given by virtue of the contract.
Under Void contracts, when the act is unlawful and constitutes a criminal offense and both parties
are guilty,_________________________.
Select one:
a. both parties will be free from prosecution
b. both parties will be prosecuted.
c. All of the choices
d. both can file an action in courts
_______________________ any person may invoke the inexistence of the contract whenever
juridical effects founded thereon are asserted against him.
Select one:
a. accion subrogatoria
b. accion reinvindicatoria
c. accion pauliana
d. None of the choices
Those contracts whose cause, object or purpose is contrary to law, morals, good customs, public
order, or public policy.
Select one:
a. Inexistent
b. Rescissible
c. Reformation
d. Voidable
Those contracts whose cause, object or purpose is contrary to law, morals, good customs, public
order, or public policy are _________________.
Select one:
a. Voidable
b. Rescissible
c. Inexistent
d. Reformation
Under Void contracts, when the act is unlawful and constitutes a criminal offense and when only one
is guilty, the __________________ may demand of what he has given without obligation to comply
with his promise.
Select one:
a. innocent party
b. both parties
c. party at fault
d. None of the choices
Under voidable contracts, When the defect of the contract consists in the incapacity of one of the
parties, the incapacitated person is not obliged to make any ___________________except insofar
as he has been benefited by the thing or price received by him.
Select one:
a. penalty
b. non payment
c. restitution
d. None of the choices
The action for rescission is ______________________; it cannot be instituted except when the
party suffering damage has no other legal means to obtain reparation for the same.
Select one:
a. main
b. principal
c. primary
d. subsidiary
_________________ cleanses the contract from its defect from the moment it was constituted.
Select one:
a. Effects of Annulment
b. None of the choices
c. Effects of Unenforceable contracts
d. Mutual Restitution
Under Void contracts, when the act is unlawful and constitutes a criminal offense and both parties
are guilty,_________________________.
Select one:
a. both parties will be free from prosecution
b. both can file an action in courts
c. All of the choices
d. both parties will be prosecuted.
___________________________contracts as by its effect does not create rights and cannot impose
obligation.
Select one:
a. Unenforceable
b. Void
c. Rescissible
d. Voidable
_______________________ are contracts resolved against the party who prepared it and in favor of
the one who merely adhered to it.
Select one:
a. Gratuitous contracts
b. defective contracts
c. Onerous contracts
d. Adhesion contracts
ObliCon Finals
When bilateral contracts are vitiated with vices of consent, they are rendered
Voidable
When the thing deteriorates with the debtor's fault, the creditor may choose one of the following:
This happens when the creditor makes a demand and the obligor fails to deliver the thing.
mora solvendi
Tony enters into a contract of sale with Sharon who paid the purchase of a motorcycle unit. Tony did not
deliver the motorcycle unit. Identify the juridical tie in the statement as an essential requisite of an
obligation.
Obligation to deliver
__________________________ is the remedy allowed by law by means of which a written instrument is
amended or rectified so as to express or confirm the real agreement or intention when by reason of
mistake, fraud, inequitable conduct or accident, the intention fails to express such in agreement or
intention.
Reformation
Facts: Cabaliw was the second wife of Benigno. During their marriage, they bought 2 parcels of land.
They had a daughter named Soledad. Benigno abandoned his wife Cabaliw, thus the latter filed an
action
in court for support. The Court ordered Benigno to pay her P75 a month.However, Benigno did not pay
and instead sold their property to his son-in-law, Soterro. The transaction was done without Cabaliw's
consent. Prior to the sale, Soterro already knew that there was a judgment rendered against his
fatherin-
law but proceeded to buy the property anyway. When Cabaliw found out, she instituted an action
along with her daughter to recover the properties.
Issue: Is there a presumption of fraud?
Yes, Soterro knew about the decision against Benigno, but proceeded with the purchase.
If Eden sold to Yvonne a parcel of land but the land already has a residential building which is not
mentioned in the agreement, will annulment be the remedy for this?
No, Reformation will be the remedy because there is meeting of minds by both parties however by
mistake the parties true intention was not reflected in the agreement.
X bought a land from Y, paying him cash. Since they were friends, they did not execute any document of
sale. After 7 years, the heirs of X asked Y to execute a deed of absolute sale to formalize the verbal sale
to their father. Unwilling to do so, X's heirs filed an action for specific performance against Y. Will their
action prosper?
No, after more than 6 years, the action to enforce the verbal agreement has already elapsed.
Contracts take effect only between the parties or their assigns and heirs, except where the rights and
obligations arising from the contract are not transmissible by their nature, by stipulation, or by provision
of law. In the latter case, the assigns or the heirs are not bound by the contracts. This is known as the
principle of _______________________.
Relativity of contracts.
________________ is an essential element of a contract which is more on the proximate purpose that
the contracting parties have in view at the time of entering into a contract.
cause
Jean sold her condominium unit to Jane 'including all its contents'. In the unit there is an antique chair
belonging to Susan which Susan agreed to sell to Jean. Will the chair be sold along with the unit?
True
The duty to repair damages due to negligence is an example of obligations arising from
__________________.
Acts or omissions punished by law
No, since the seller owns no inheritance while his predecessor lives.
Sonny borrowed P1,000,000 from Joy and agreed that in case of non-payment on the date stipulated,
Sonny's house and lot would be sold to Joy for the amount of P1,000,000. Is the stipulation valid?
Yes, if Sonny does not pay , he should sell the house and lot for P1,000,000 to Joy. The agreement is
not contrary to law.
Fernando executed a will, prohibiting his wife Marina from remarrying after his death, at the pain of the
legacy of P100 million in her favor becoming a nullity. But a year after Fernando's death, Marina was so
overwhelmed with love that she married another man. Is she entitled to the legacy, the amount of
which is well within the capacity of the disposable free portion of Fernando's estate?
No, since such prohibition is authorized by law and is not repressive; she could remarry but must give
up
the money.
Knowing that the car had a hidden crack in the engine, X sold it to Y without informing the latter about
it. In any event, the deed of sale expressly stipulated that X was not liable for hidden defects. Does Y
have the right to demand from X a reimbursement of what he spent to repair the engine plus damages?
Yes, since the defect was not hidden; X knew of it but he acted in bad faith in not disclosing the fact to
Y.
G gave Php 100,000 to H who signed a receipt stating: "This is to acknowledge payment of G in the
amount of Php100,000". G later complains the he receives nothing from H for the Php 100,000. Is H
bound to return the Php 100,000?
The law presumes that G must have received a service from H and that the same is lawful. If G claims
otherwise, he must prove his allegation that H is bound to return the 100,000 to G.
Roy and Carlos both undertook a contract to deliver a boat docked in Subic to Sam in Manila. Before
they could deliver it, however, the boat sank in a storm. The contract provides that fortuitous event shall
not exempt Roy and Carlos from their obligation. Owing to the loss of the motor boat, such obligation is
deemed converted into one of indemnity for damages. Is the liability of Roy and Carlos joint or solidary?
Joint since the conversion of their liability to one of indemnity for damages made it joint.
Jeff sold to Philip his car worth 1M for only Php500,000. There is no question that the purchase price is
grossly inadequate. Does Jeff have the right to have the sale annulled?
The contract of sale is valid, because they have both consented with the amount at the time they
entered into a contract.
Facts: The Dela Cruz sisters were the aunts of Dolores Rongavilla. They borrowed P2,000 from the
Rongavillas to have their rooftop repaired. Later, petitioners went back to their aunts to have them sign
a contract. Taking advantage of their lack of education, the sisters were made to believe that such
document, typewritten in English, was just for the acknowledgment of their debt. After four years,
petitioners asked their aunts to vacate the land subject to litigation claiming that she and her husband
were the new owners. After verifying with the Registry of Deeds, the aunts were surprised that what
they have signed was actually a deed of sale. Their land title was cancelled and the ownership was
transferred to their nephews. The land was mortgaged with the Cavite Development Bank.
Russel owed Mary the sum of P1, 000.00. By mistake, Russel paid P2, 000.00. Mary has the obligation to
return the P1,000.00 excess because there was payment by mistake.
True
Architect Velasco designed and supervised the house construction of Mrs Reyes. The parties failed to
agree beforehand the professional the professional fee of Architect Velasco. How much is Mrs Reyes
bound to pay Architect Velasco?
Upon the proposal of a third person, a new debtor substituted the original debtor without the latter's
consent. The creditor accepted the substitution. Later, however, the new debtor became insolvent and
defaulted in his obligation. What is the effect of the new debtor's default upon the original debtor?
The original debtor is freed of liability since novation took place and this relieved himof his obligation.
Ratification
The prescription period to file for action for annulment of contract is ______________years.
4
Those contracts where the consent is vitiated by mistake, violence, intimidation, undue influence or
fraud.
Voidable
Those contracts that are expressly prohibited or declared void by law are unenforceable.
FALSE
Contracts undertaken in fraud of creditors when the latter cannot in any other manner collect the claims
due them may be rescinded.
TRUE
In onerous transfer, if there is good faith, the contract may be rescinded.
False
The following are kinds of unenforceable contracts, except:
Declares inefficiency which contract already carries in itself.
_______________________cleanses the contract from all its defects from the moment it was
constituted.
Ratification
ObliCon Q8
_______________________prevent fraud and perjury in the enforcement of obligations depending for
their evidence upon the unassisted memory of witnesses by requiring certain enumerated contracts and
transactions to be evidenced by a writing signed by the party to be charged.
Purpose of Statutes
Contracts which are simulated or fictitious are __________________.
Inexistent
Those contracts which are absolutely simulated or fictitious are inexistent or void from the beginning.
True
Those contracts which contemplate an impossible service are inexistent or void from the beginning.
True
A contract which is the direct result of a previous illegal contract is also void and inexistent.
True
Those contracts whose cause, object or purpose is contrary to law, morals, good customs, public order,
or public policy.
Inexistent
Contracts undertaken in fraud of creditors when the latter cannot in any other manner collect the claims
due them may be rescinded.
TRUE
Ratification
Ratification does not require the conformity of the contracting party who has no right to bring the action
for annulment of contracts
True
All other contracts specially declared by law to be subject to rescission.
Rescissible
Rescission shall be only to the extent necessary to cover the damages caused.
True
Payments made in a state of insolvency for obligations to whose fulfillment the debtor could not be
compelled at the time they were effected, are also ________________________.
Rescissible
_______________________cleanses the contract from all its defects from the moment it was
constituted.
Ratification
Under rescissible contracts, whoever acquires in bad faith the things alienated in fraud of creditors, shall
indemnify the latter for damages suffered by them on account of the alienation, whenever, due to any
cause, it should be impossible for him to return them.
True
Contracts which are entered into by guardians whenever the wards whom they represent suffer lesion
by more than one-fourth of the value of the things which are the object thereof may not be rescinded.
False
The action for rescission is ____________________; it cannot be instituted except when the party
suffering damage has no other legal means to obtain reparation for the same.
Subsidiary
Lesion
The prescription period to file for action for annulment of contract is ______________years.
An obligation having been annulled, the contracting parties shall restore to each other the things which
have been the subject matter of the contract, with their fruits, and the price with its interest, except in
cases provided by law.
True
Those contracts where one of the parties is incapable of giving consent to a contract;
Voidable
Those contracts undertaken in fraud of creditors when the latter cannot in any other manner collect the
claims due them.
Rescissible
In order to judge the intention of the contracting parties, their contemporaneous and subsequent acts
shall be principally considered
True
Rules of court
Contracts shall be obligatory, in whatever form they may have been entered into, provided all essential
requisites for their validity are present.
True
If the doubts are cast upon the principal object of the contract in such a way that it cannot be known
what may have been the intention or will of the parties, the contract shall be valid.
False
If one party was mistaken and the other acted fraudulently or inequitably in such a way that the
instrument does not show their true intention, the former may ask for the reformation of the
instrument.
True
When through the ignorance, lack of skill, negligence or bad faith on the part of the person drafting the
instrument or of the clerk or typist, the instrument does not express the true intention of the parties,
the courts may order the instrument be ___________________.
Reformed
All other contracts where the amount exceeds five hundred pesos must appear in _______________,
even private one.
Writing
All other contracts where the amount does not exceed five hundred pesos must appear in writing.
False
ObliCon Quiz 06
If the doubts are cast upon the principal object of the contract in such a way that it cannot be known
what may have been the intention or will of the parties, the contract shall be null and void.
True
The usage or custom of the place shall be borne in mind in the interpretation of the ambiguities of a
contract, and shall fill the omission of stipulations which are ordinarily established.
True
If two parties agree upon the mortgage or pledge of real or personal property, but the instrument states
that the property is sold absolutely or with a right to repurchase, __________________________of the
instrument is proper.
Reformation
Contracts of Adhesion shall be resolved against the party who prepared the contract and in favor of the
one who merely adhered to it.
True
Under form of contracts, when the law requires that a contract be in some form in order that it may be
valid and enforceable or that a contract be proved in a certain way, that requirement is
________________and indispensable.
Absolute
When one of the parties brought in action to enforce the instrument, he cannot subsequently ask for its
reformation.
True
If the law requires a document or other special form, as in the acts and contracts enumerated in the
contracts must appear in public document, the contracting parties may _____________________each
other to observe that form, once the contract has been perfected.
Compel
The following are reasons to annul a contract when it has prevented the meeting of the minds of the
parties, except:
Equitable Conduct
The particular motive of the parties entering into a contract are the same from the cause thereof.
False
In impossibility of things and services, the impossibility must be actual and contemporaneous with the
making of the contract and not subsequent.
True
Absence of cause and unlawful cause produces no effect whatever. The cause is unlawful is it is in
contrary to law, morals, good customs, public order and public policy
True
Acceptance made by a letter or telegram does not bind the offerer except from the time it came to his
knowledge. The contract in such case is presumed to have been entered in the place where the offer
was made.
True
If the debtor knew the impossibility of things and services, he will be liable for damages.
True
There is _______________ when through insidious words or machinations of one of the contracting
parties, the other is induced to enter into a contract which, without them, he would not have agreed to.
Fraud
The object of the obligation and object of the contract created thereby need not be identical.
False
Although the cause is not stated in the contract, it is not presumed to that it exists and illegal.
False
_______________________is the thing, right or service which is the subject matter of the obligation
arising from the contract
Object