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QUIZ #1

Ordinary diligence is the level of diligence generally exercised by a


common person.

An act or omission caused by the fault of negligence of a person


gives rise to quasi-delict.

A person who counts his money in public is generally considered to


be negligent.

Damages cannot be asked for hurt feelings by a person as it cannot


be quantified.

A person who is in delay is conclusively presumed to be liable for


fortuitous events.

A real right of a person can be exercised by him by demanding the


object which was the subject of the obligation from the debtor.

Usurious contracts are against law and hence are void.

Solutio Idebti is the case when something is received when but the
person who received it is not entitled to the thing received.
T
Real fraud can only take place at the time the obligation or contract
has been created, otherwise it is considered incidental fraud.

Rights arising from obligations are transmissible.

Real rights over a thing can only be exercised if the thing is in the
possession of the person.

Personal obligations is an obligation that requires to perform an


action and not an inaction.

A person who is not in possession of a thing can only exercise a


personal right over the same.

In a contract to deliver a specific object, it also carries with it the


obligation to deliver the fruits of the specific object from the time it
has been promised by the debtor.

A person who is obligated to deliver a dog to another is required to


take care of the dog until he can make delivery thereof.

Real Obligations require a party to deliver something to another


person.
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In an obligation to do something, in case the debtor does not
comply, the creditor can ask the court to compel the debtor to fulfill
is obligation.

Delicts are essentially crimes committed by a party or parties.

Taking care of a thing until the owner who misplaced the thing
returns is an instance of quasi-contract.

Quasi- is a term meaning “similar to”.

Specific objects are those which have been specifically identified or


physically segregated for the creditor.

Parties cannot agree to exempt each other from any delay that the
other party may incur in the performance of their obligation.

Rights that will arise from obligations are normally personal and as
such is not transmissible.

Obligations are effectively created only by law or by the agreement


of parties.
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In a real obligation, a debtor is required to take care of the thing
with the diligence of a good father of a family.

Damages can refer to the injury sustained by a party or the


compensation for the same.

Parties can agree that in the event either party commits an act of
fraud against each other, the other party will not be able to collect
damage.

In real obligations, a debtor's responsibility to to exercise the level


of diligence required by law or the stipulation of the parties.

A real right of a person can be exercised by him by demanding the


object which was the subject of the obligation from the debtor.

The instance when one takes care of the dog of a neighbor in the
absence of the neighbor is an instance of quasi-contract.

Obligations must be in writing to be provable.

Personal obligations is an obligation that requires to perform an


action and not an inaction.
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An unintentional injury caused to another party may constitute as
delict in case the negligence or fault is gross.

All injuries need to be proved in order for a party to be entitled to


damages.

Damages cannot be asked for hurt feelings by a person as it cannot


be quantified.

Personal Obligations refer to those that affect the persons of the


parties.

Taking care of a thing until the owner who misplaced the thing
returns is an instance of quasi-contract.

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QUIZ #2
Delivery of the object of an obligation during the pendency of a
resolutory condition will result in solution indebiti.

An obligation to pay a sum of money if it rains next year is a


conditional obligation.

Resolutory obligations are demandable at once.

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In an obligation to pay a sum of money if a the creditor poses for a
nude painting is void as it is contrary to morals.

A disjunctive conditional obligation is void because it is disjunctive.

A period in an obligation set must specify the date to be valid.

An obligation to give a sum of money if the creditor delivers an item


to the debtor is not a conditional obligation but a sale.

The benefit of a debtor in the period is lost when the debtor cannot
be found on due date.

F
An obligation entered into by Jose to pay a sum of money to Joy if
Joy will let Jose copy her answers in an examination is valid.

Any party in an obligation may rescind the same provided there is a


failure to comply with the obligation.

Fulfillment of conditions cannot be dependent on the will of the


debtor

A potestative period dependent upon the sole will of the debtor


makes the obligation void.

There is very little difference between a period and a condition.

An obligation to pay when the debtor has money is uncertain and


thus not valid

In an obligation to give a specific thing subject to a suspensive


condition, any improvements, loss or deterioration to the object is
bourne by the obligee.

Improvement of the specific thing during the pendency of a


suspensive condition will always redound to the benefit of the
creditor regardless of whether the condition happens or not.
F

All conditional obligations where the will of the debtor is a factor in


the fulfillment of the condition is void.

Pure obligation are demandable at once.

A specific thing cannot be considered lost if its location is known to


the parties.
F
Both conditional obligations and obligations with a period my be
resolutory or suspensive.

An obligation with a period that has already passed is not a valid


obligation.

A specific thing that goes out of commerce is one that can no longer
be bought or sold in the regular course of business.

Both conditional obligations and obligations with a period my be


resolutory or suspensive.

Usufructuary is a right of the creditor to the use of the thing prior to


the happening of a suspensive period.
F
Suspensive period or conditions suspends the validity or
extinguishment of an obligation.

Rescission is a right that is inherent in all obligations.

In an obligation with a period, the period is deemed to be more for


the benefit of the debtor than it is for the creditor.

A specific thing that is lost without the fault of the creditor


extinguishes the obligation.

It is possible for an obligation to be subject to a period and a


condition.

Pure obligations are the simplest types of obligations.

A specific thing cannot be considered lost if its location is known to


the parties.

An obligation to pay as soon as possible is a valid conditional


obligation.

F
In an obligation to give a specific thing subject to a suspensive
condition, any improvements, loss or deterioration to the object is
bourne by the obligee.

There is very little difference between a period and a condition.

In a suspensive conditional obligation, a debtor who sabotages the


situation so that a condition will not take place will still be liable for
the obligation.

A condition must be expressly made or it would not be considered


as applicable in the obligation.

The benefit of a debtor in the period is lost when the debtor cannot
be found on due date.

All conditional obligations where the will of the debtor is a factor in


the fulfillment of the condition is void.

A period in an obligation must always be a future event.

An obligation to pay a sum of money if it rains next year is a


conditional obligation.
F
A debtor who paid for the maintenance of a specific thing pending
the fulfillment of a suspensive condition is not entitled to
reimbursement for the same when the suspensive condition gives
rise to the need to deliver the same to the creditor.

An obligation entered into by Jose to pay a sum of money to Joy if


Joy will let Jose copy her answers in an examination is valid.

An obligation to pay when the debtor has money is uncertain and


thus not valid

A creditor who does not earn any interest in a money obligation


subject to a period is not deemed to be benefited by the period.

A condition must be expressly made or it would not be considered


as applicable in the obligation.

In an obligation where both party was at fault each of the parties will
bear their respective loss in the obligation.

It is possible to have a pure obligation subject to a period.

It is possible for conditional obligation to be subject to a time frame.


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An obligation to pay a sum of money if La Salle, the strongest team
in the league, wins the championship is a valid conditional
obligation.

A debtor who furnishes a security for his obligation, loses the


benefit of the period if the security was impaired by fortuitous
events unless the debtor replaces the same with an equally
satisfactory security to the creditor.

All obligations must have a specific name to be valid.

A obligation to pay when the sun rises tomorrow is absurd and is


thus void.

A specific thing that is lost without the fault of the creditor


extinguishes the obligation.

All conditional obligations where the will of the debtor is a factor in


the fulfillment of the condition is void.

A specific thing that goes out of commerce is one that can no longer
be bought or sold in the regular course of business.

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A potestative period dependent upon the sole will of the debtor
makes the obligation void.

A condition is always a future event the results of which cannot be


known by the parties.

There is very little difference between a period and a condition.

A disjunctive conditional obligation is void because it is disjunctive.

All obligations with a condition dependent on the will of one of the


parties are void.

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QUIZ #3
Inflation or deflation of currency cannot affect the payment of an
obligation.

In cession en pago, the property delivered to the creditor must be


sold at public auction and the proceeds will be applied to the
obligation.

A creditor who accepts partial payment from the debtor without


protest cannot file a claim for damages based on the partial
payment.

Payment made by a third person who has no intention to be


reimbursed to the creditor will extinguish the obligation only if the
debtor agrees.

If a third party who pays an obligation with no intention to be paid


back extinguishes the obligation with condonation.

Payment made in good faith by the debtor to a person in


possession of the evidence of indebtedness extinguishes the
obligation.

Payment in good faith by the debtor to a person who has the


debtor's evidence of indebtedness does not necessarily extinguish
the obligation of the debtor.
F

A debtor who is confused as to who is entitled to get paid from 2 or


more seemingly valid claimants may opt to pay via consignation.

In dacion en pago, the property delivered to the creditor is


considered payment.

Payment to an employee of the creditor is presumed to be valid


unless otherwise proven.

Payment does not necessarily mean the delivery of a sum of money


to the creditor.

Payment can be validly made by the debtor wherever he may find


the creditor.

Payment to the creditor of an obligation does not always extinguish


the obligation.

Payment to a third person by the debtor is assumed to be valid


unless proven otherwise.

F
A debtor who pays with another person's property cannot extinguish
his obligation.

When the court orders the debtor not to make payment, the debtor
may still opt to pay, although such payment shall not be deemed
valid.

The place of payment in obligations is assumed to be at the


domicile of the debtor if there is no place agreed upon.

In Dacion en Pago, the creditor uses property to pay off all the
creditors.

If D owes C, 1) P5000, 2) 5 sacks of rice and 3) 10 sacks of corn,


application of payment will not apply.

There can be no valid subrogation if the creditor does not agree.

A debtor who pays with another person's property cannot extinguish


his obligation.

The place of payment in obligations is assumed to be at the


domicile of the debtor if there is no place agreed upon.
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Payment in any other currency other than what was agreed upon is
valid if the debtor agreed to it.

Consignation can be withdrawn by the debtor at any time.

Payment made by a third person who has no intention to be


reimbursed to the creditor will extinguish the obligation only if the
debtor agrees.

A third party may not pay an obligation without the consent of the
creditor.

If stipulated, the costs of paying for the obligation is borne by the


creditor.

In cession en pago, the creditor cannot become the owner of the


thing he got from the debtor as it has to be sold at public auction.

Payment made to a minor creditor can only be made via


consignation.

Valid payment in terms of time means the payment of the obligation


at a reasonable business hour of a working day.
F
Creditors are not allowed to accept partial payments unless it is
stipulated in the obligation.

If D owes C, 1) P5000, 2) 5 sacks of rice and 3) 10 sacks of corn,


application of payment will not apply.

Creditor cannot accept payment from anyone except the debtor.

In Dacion en pago, only the value of the property delivered to the


creditor will be considered paid in the obligation.

In cession en pago, the property delivered to the creditor must be


sold at public auction and the proceeds will be applied to the
obligation.

There can be no valid subrogation if the creditor does not agree.

Delivery of the object or prestation of an obligation to the court


extinguishes the obligation of the debtor.

Payment can be validly made by the debtor wherever he may find


the creditor.

F
Payment to an employee of the creditor is presumed to be valid
unless otherwise proven.

Novation of the contract needs the consent of both parties for it to


validly extinguish an obligation.

A pure obligation can be subject to a time frame within which to


accomplish the obligation.

An obligation to pay a sum of money if it rains next week is a


conditional obligation.

Substitution means the transfer of the rights of the debtor to the


third person.

A third person is not allowed to pay for a debtor's obligation without


the consent of the debtor.

Solidary debtors may not be bound by separate conditions or


period.
F

If a debtor is unable to make a choice in alternative obligations, the


creditor may opt to choose the object instead.

An obligation to pay the creditor when the debtor feels like paying
the obligation is void.

Compensation must always be total to extinguish an obligation.

The quality of a generic thing to be delivered by the debtor must


always depend on the circumstances of why the obligation was
created.

In facultative obligations, loss of the thing due to fortuitous events


before the substitution is made extinguishes the obligation.

Taking care of a thing that belongs to another while the owner is


present is not a case of quasi-contract.
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A void obligation cannot be used to extinguish a valid obligation.

An object of the obligation that has only been damaged may still be
considered to be lost.

Real obligations are those which are not imaginative or fictitious.

A debtor who becomes insolvent after an obligation is contracted


automatically loses the benefit of the period.

Confusion occurs when a person becomes both debtor and creditor


at any one time.

F
QUIZ#4:
Whenever a contract occurs suffers some form of fraud, the
consent of the party who did not employ fraud is vitiated.

An acceptance of an offer must be express so that is absolute.

Consent is exhibited when an absolute offer made by a certain


acceptance upon the thing and the cause that constitutes the
contract.

An illiterate person who claims that there was fraud in a contract,


must prove how he was defrauded by the other party to vitiate his or
her consent.

False cause is the same as simulated contracts.

Insane or demented persons can still create contracts under certain


conditions.

All contracts must have a name so that it can be identified to


determine which rules will apply to the specific contract.
F
In contracts, the parties can agree on anything and everything
under the sun subject only to some limitations.

Objects under construction may not be the subject of a contract


until it is completed.

Fraud that existed at the time the contract was created is causal
fraud.

Failure to disclose facts in the creation of contracts constitutes fraud


and will vitiate consent.

Purchasing a raffle ticket is not a valid contract because it is likely


that there is no object to the contract if the one who bought it does
not win.

In the case where a guy gives his girlfriend a dozen roses on


valentines, the consideration is the contract is the love that the guy
has for his girlfriend.

Intentionally making a mistake in statements that convinces a party


to enter into a contract, without which the said party would not have
entered into the contract, vitiates consent by mistake.

F
Intentional mistakes made by a party does not vitiate consent if it
does not go into the substance of the contract.

When a person convinces another person to enter into a contract


even if that person is not ready to enter into the contract, it
constitutes as undue influence.

An object of a contract must be certain in that not only its kind is


specific but also the quantity.

A 5 foot girl can intimidate a 7 foot varsity player under the right
circumstances.

Purchases of products at unbelievably low prices gives rise to the


invalidity of the contract due to insufficiency of consideration.

When a person offers something to another, the other person can


determine how, when and where the offer will be accepted in order
for a contract to be created.

A void contract cannot be simulated to make it appear that it is


valid.

T
An item put on sale is considered to be defective due to lack of
consideration unless it is proven otherwise.

Vitiated consent means that the consent of a party was secured by


the vices of consent.

Intentionally making a mistake in statements that convinces a party


to enter into a contract, without which the said party would not have
entered into the contract, vitiates consent by mistake.

Cause or consideration must always be valuable in order to support


a valid contract.

An offer made on an "As-is, Where-is" basis is a conditional offer


that does not give rise to a contract.

Offers made on TV home shopping networks are perfected upon


the acceptance of the buyers.

An offer accepted by a person seconds before the offeror dies is


very difficult to prove so it does not create a valid contract.

F
Minors who are emancipated no longer exists in the Philippines
today.

A 5 foot girl can intimidate a 7 foot varsity player under the right
circumstances.

Personal contracts are contracts that apply only to the parties and
are non-transmissible.

The consideration for a period within to accept an offer forms part of


the consideration of the contract should the offer be accepted.

Mistake in the identity of one of the parties do not normally vitiate


the consent of the party who was mistaken.

Pointing a gun at someone to get him to listen to a proposal which


convinces him that the deal is a good one, constitutes intimidation
which would vitiate the consent of the party who was threatened.

Objects which does not exist can still be the object of a contract if it
can come to existence in the foreseeable future.

T
Insane or demented persons can still create contracts under certain
conditions.

A contract cannot be created from an offer which is certain.

When a person offers something to another, the person can also


determine how, when and where the offer will be accepted in order
for a contract to be created.

The fraud that vitiated consent is causal fraud.

In contracts, the parties can agree on anything and everything


under the sun subject only to some limitations.

T
QUIZ#6:

Void contracts may be ratified or novated before it is declared void.

Contracts entered into by guardians relating to properties of their


wards are rescissible.

Causal fraud is required in order to make the contract voidable.

All defective contracts can be ratified to make it valid.

A party can ask for rescission even after the party had initially
asked for fulfillment of the contract.

Void provisions of the contract makes the contract void if it cannot


be separated from the contract without affecting the whole contract.

In voidable contracts, the fraud must exist prior to or at the time the
contract was entered into without which the innocent party would
not have entered into the contract.

T
Contracts entered into by a person of a mortgaged property to raise
money to pay the mortgage is deemed in fraud of creditors and as
such is rescissible.

Mutual promise to marry made in writing and notarized before a


notary public can be considered valid and binding.

A party who received defective items from a seller can ask for
rescission of the contract if he can return the product delivered to
him.

Uneforceable contracts can only be ratified by the parties to the


contract or those who are affected thereby.

The prescriptive period to declare a contract void never ends.

Breaches of obligations in contracts make the contract rescissible.

In void contracts, parties cannot normally ask for the return of what
was paid or received.

T
Parties to an illegal contract that constitutes a crime is binding on
both parties but they can be both prosecuted by law.

An error in the price of the product may produce a voidable


contract.

A contract entered into in the name of another is a case of


unenforceable contracts.

Rescission of contracts is an option that is exercised at any time by


the innocent party if there is breach of contract.

Waiver of future fraud is valid only if made in a public document.

A person who did not do any violence or intimidation on another,


cannot be accused of the same to vitiate the consent of the other
party.

Mistake in order to vitiate consent must be real and cannot be


denied by the parties.

The prescriptive period to declare a contract void never ends.

T
Breaches of obligations in contracts make the contract rescissible.

A person who was defrauded into entering into a contract can have
the contract rescinded.

In voidable contracts, the fraud must exist prior to or at the time the
contract was entered into without which the innocent party would
not have entered into the contract.

Absolute simulation of contracts can never give rise to a valid


contract.

Simulated contracts are always void contracts.

A person who did not do any violence or intimidation on another,


cannot be accused of the same to vitiate the consent of the other
party.

There are 5 kinds of contracts according to its validity or effectivity.

Ratification of a voidable contract only waives the right to annul the


contract but does not make the contract valid.

F
A void contract can never become a valid contract even if the
parties consent to be bound to the same.

Guardians who ratify a contract of a minor with another person


makes the contract valid and binding.

A contract entered into in the name of another is a case of


unenforceable contracts.

Uneforceable contracts can only be ratified by the parties to the


contract or those who are affected thereby.

Contracts entered into by a person of a mortgaged property to raise


money to pay the mortgage is deemed in fraud of creditors and as
such is rescissible.

Intimidation occurs when there is created a reasonable and well


grounded fear of a grave and imminent evil that will be done to the
person or the persons wife, children, brothers, sisters or parents, in
order to gain the consent of that person in a contract.

F
A contract for a 10 year lease cannot be rescinded after 5 years
from the creation of the contract as it is already past the 4 year
period to bring an action for rescission.

Third parties or strangers to an unenforceable contract can have


the contract declared unenforceable.

An error in the price of the product may produce a voidable


contract.

Fraud which vitiates consent is the normal kind of fraud that occurs
and as such is called casual fraud.

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