MIDTERM QUIZ 1 TO MIDTERM EXAMINATION

Question 1
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Consent is manifested by the _____________________ of the offer and acceptance upon the
thing and the cause which are to constitute a contract.

Select one:
a. Laws
b. Meeting
c. Contracts
d. Performance

Question 2
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______________________________ is a unilateral proposition which one party makes to the other

for the celebration of the contract.

Select one:
a. Cause
b. Consent
c. Offer
d. Object
Question 3
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___________________ tends only to assure and pave the way for the celebration of a contract is
actually made, the rights and obligations are not yet determined.

Select one:
a. Imperfect promise
b. Contracts
c. None of the choices
d. Perfected promise

Question 4
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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. False
b. True

Question 5
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___________________ 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 morals
c. Contrary to law
d. Contrary to good customs

Question 6
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___________________________is a wrong or false notion about such matter, a belief in the

existence of some circumstance, a fact or event which in reality does not exist

Select one:
a. Mistake
b. Violence
c. Fraud
d. Undue influence

Question 7
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The fixing of a price may be determined by one of the contracting party for the sale to be
perfected.

Select one:
a. True
b. False

Question 8
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____________________means automatic foreclosure.

Select one:
a. Pactum commisorum
b. Pactum de non alienado
c. None of the choices
d. Pactum leonina

Question 9
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_______________________ contracts are essentially agreements to give donations.

Select one:
a. Gratuitous
b. Onerous
c. Remuneratory
d. None of the choices

Question 10
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The following are stages of a contract, except:

Select one:
a. Perfection
b. Preparation
c. Death
d. Introduction

Question 1
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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. Limited
b. Absolute
c. Partial
d. Conditional

Question 2
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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. False
b. True

Question 3
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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. Compel
b. Refrain
c. Exempt
d. Disregard

Question 4
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The following are causes of reformation of instrument except:

Select one:
a. Unilateral, one party is in bad faith, the party in good faith may seek reformation of
contract.
b. None of the choices
c. Mistake by 3rd persons where due to ignorance, lack of skill, negligence, bad skill of
drafter.
d. Mutual, mistake of fact, clear and convincing proof.

Question 5
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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. True
b. False

Question 6
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The power to administer a property must appear in a public document

Select one:
a. True
b. False

Question 7
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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 _____________________.

Select one:
a. Reformed
b. Ratified
c. None of the choices
d. Annulled

Question 8
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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. Newspaper
d. General circulation

Question 9
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All other contracts where the amount does not exceed five hundred pesos must appear in
writing.

Select one:
a. True
b. False

Question 10
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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. True
b. False

Question 1
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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.

Select one:
a. Reasonable fear
b. None of the choices
c. Undue influence

d. Fraud

Question 2
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The following are stages of a contract, except:

Select one:
a. Introduction
b. Perfection
c. Death
d. Preparation

Question 3
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A contract where consent is given through mistake, violence, intimidation, undue influence,
or fraud is voidable.

Select one:
a. invalid
b. voidable
c. valid

d. vitiate
Question 4
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The following are essential elements of a contract except:

Select one:
a. Object
b. Consent
c. Promise

d. Cause
Question 5
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If the debtor knew the impossibility of things and services, he will be liable for damages.

Select one:
a. True

b. False

Question 6
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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. True

b. False

Question 7
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The following are causes of reformation of instrument except:

Select one:
a. Mistake by 3rd persons where due to ignorance, lack of skill, negligence, bad skill of
drafter.
b. Mutual, mistake of fact, clear and convincing proof.
c. Unilateral, one party is in bad faith, the party in good faith may seek reformation of
contract.

d. None of the choices

Question 8
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Real contracts, such as deposit, pledge and Commodatum, are not perfected until the
delivery of the object of the obligation.

Select one:
a. False

b. True

Question 9
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___________________is a meeting of minds between two persons whereby binds himself, with
respect other, or to give something or to render some service.

Select one:
a. Performance
b. Obligation
c. Contracts

d. Laws

Question 10
Complete
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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. Absolute
b. Limited
c. Partial

d. Conditional
Misrepresentation made in good faith is not fraudulent but may constitute ________________.

Select one:
a. consent
b. error
c. culpable violation of the law

d. none of the choices

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. Compel
c. Refrain

d. Exempt

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. counter affidavit
b. counter offer
c. none of the choices

d. counter strike

The following are characteristics of a contract, except:

Select one:
a. Disagreement
b. Relativity
c. Consensuality

d. Obligatory force
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

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. False

b. True

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

Select one:
a. Object certain which is the subject matter of the contract
b. Cause of the obligation which is established.
c. None of the choices

d. Consent of the contracting parties

_____________________________of the law excuses no one from compliance therewith

Select one:
a. Influence
b. Ignorance
c. Mistake

d. Error
____________________is a characteristic of a contract wherein entering into contract is
guaranteed right by citizens. They are free to do so as long as it's not contrary to law,
customs, public order and policy.

Select one:
a. Obligatory force
b. Relativity
c. Freedom

d. Mutuality

What action may be taken when the true intentions of the parties are not expressed in the
instrument?

Select one:
a. Reformation
b. Enforcement
c. None of the choices

d. Annulment

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. False

b. True

Question 22
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____________________is a characteristic of a contract wherein validity and performance cannot
be left at the will of one of them.

Select one:
a. Relativity
b. Freedom
c. Obligatory force

d. Mutuality

Question 23
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Under defective causes, lesion or inadequacy of cause is valid unless fraud or undue
influence is valid.

Select one:
a. True

b. False

Question 24
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_______________________ contracts are essentially agreements to give donations.

Select one:
a. Gratuitous
b. Remuneratory
c. Onerous

d. None of the choices

Question 25
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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

Question 26
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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. False
b. True

Question 27
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The following are cases where no reformation is allowed except:

Select one:
a. Will
b. Simple donations
c. When real agreement is valid.

d. Oral contracts

Question 28
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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. False

b. True
Question 29
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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

Question 30
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Mortgage, insurance and bonds are examples of natural elements of a contract.

Select one:
a. False

b. True
Question 31
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If mistake, fraud, inequitable conduct, or accident has prevented a meeting of the minds of
the parties, the proper remedy is ____________________________.

Select one:
a. none of the choices
b. annulment of contract
c. reformation

d. rescission

Question 32
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The relativity as a characteristic of contract will take effect only between parties, their
assignments and heirs.

Select one:
a. True

b. False

Question 33
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____________________ means man's innate sense or notion of what is right and wrong is more
or less universal.

Select one:
a. Contrary to law
b. Contrary to morals
c. Contrary to public policy

d. Contrary to public order

Question 34
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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. True

b. False

Question 35
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___________________________is a wrong or false notion about such matter, a belief in the

existence of some circumstance, a fact or event which in reality does not exist
Select one:
a. Violence
b. Mistake
c. Fraud

d. Undue influence

Question 36
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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. True
b. False

Question 37
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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. Enforcement
c. Reformation

d. None of the choices

Question 38
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Impossible things or services can be the object of contracts.

Select one:
a. False

b. True

Question 39
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____________________means automatic foreclosure.

Select one:
a. Pactum de non alienado
b. Pactum leonina
c. Pactum commisorum

d. None of the choices

Question 40
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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. reformed
b. annulled
c. rescind

d. none of the choices

Question 41
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A qualified acceptance constitutes a counter offer.

Select one:
a. True

b. False
Question 42
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_____________________ is a unilateral proposition which one party makes to the other for the
celebration of the contract

Select one:
a. Acceptance
b. Offer
c. None of the choices

d. Counter-offer

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

The statement of a false cause in contracts shall render them ___________.

Select one:
a. void
b. valid
c. voidable
d. none of the choices
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

In order that fraud may make a contract voidable, it should be serious and should not have
been employed by both contracting parties.

Select one:
a. True
b. False

Contracts agreed to in a state of drunkenness or during a hypnotic spell are

____________________.

Select one:
a. vitiate
b. voidable
c. valid

d. invalid

Contract is perfect when the offeror or counter offeror learn about the acceptance.

Select one:
a. True

b. False
The following are reasons to annul a contract when it has prevented the meeting of the
minds of the parties, except:

Select one:
a. Mistake
b. Fraud
c. Accident

d. Equitable conduct

______________________ means mere unaccepted offer.

Select one:
a. contract
b. imperfected promise
c. none of the choices

d. perfected promise