PART I: Multiple Choice

14 of 18 points
Select the best answer and the letter of your choice.

It is the meeting of the minds between two persons whereby one binds himself with respect
to the other to give something or to render some service.
*
2/2
Contract
Obligation
Condition
Period
It is the meeting of the minds between parties on subject matter and cause of contract.
*
2/2
Contract
Consent
Obligation
Condition
This takes place upon the concurrence of the essential elements of the contract:
*
2/2
negotiation
perfection
consummation
principal
It means not only the delivery of money but also the performance of an obligation.
*
2/2
Payment
Loss of the thing due
Remission
Merger
It is essentially gratuitous, and requires the acceptance by the obligor.
*
2/2
Payment
Loss of the thing due
Remission or condonation
Merger
Which of the following is NOT a limitation of a contract.
*
0/2
Law
Morals
Obligation
Public policy
It is perfected by mere consent or upon the meeting of the minds upon the object and  
consideration of the contract.
*
2/2
Consensual contracts
Real contracts
Formal contracts
Solemn contracts
Which of the following is NOT a real contract.
*
0/2
Deposit
Pledge
Commodatum
Contract of sale
It is a contract that perfected upon delivery.
*
2/2
Consensual
Real
Formal
Solemn
PART II: Multiple Choice
60 of 82 points
Select the best answer and the letter of your choice.
The contract must bind both contracting parties, its validity or compliance cannot be left to
the will of one of them, and this is
*
2/2
a. mutuality of contracts
b. relativity of contracts
c. freedom of contracts
d. obligatory force of contracts
By this principle, contracts take effect only upon the contracting parties, their assigns or
successors in interest
*
2/2
a. mutuality of contracts
b. relativity of contracts
c. freedom of contracts
d. obligatory force of contracts
Three of the following are essential elements of the contract, except:
*
2/2
a. cause of the obligation, which is established
b. consent of the contracting parties
c. motive of the parties
d. object certain, which is the subject matter of the contract
A contract which does not have any specific name name or designation in law:
*
2/2
a. nominate contract
b. innominate contract
c. commutative contract
d. aleatory contract
 The warranty against hidden defects in a contract of sale is an example of:
*
2/2
a. natural elements
b. accidental elements
c. essential elements
d. original elements
 The following cannot give consent to a contract, except:
*
0/2
a. minors, except sale of necessaries in life
b. insane persons
c. demented
d. minors who represent themselves as of legal age to one in good faith.
Which of the following is a definite offer?
*
0/2
a. Will you buy this watch I am wearing for P1,000?
b. I am willing to buy your car.
c. I will consider the sale of my land to you for P100,000.
d. Business advertisements of things for sale.
The following are primary classification of obligations, except. 
*
2/2
a. conditional obligation
b. determinate obligation
c. divisible obligation
d. alternative obligation

If the fulfillment of a potestative condition depends exclusively upon the will of the debtor,
the conditional obligation shall be 
*
0/2
a. inexistent
b. void
c. valid
d. unenforceable
These are conditions that annul the obligation which depends upon them. 
*
2/2
a. possible condition
b. impossible condition
c. potestative condition
d. casual condition
The following are examples of accidental elements of a contract, except. 
*
2/2
a. Conditions
b. Terms
c. Modes
d. Presentation
These are obligations that are usually gratuitous and has no retroactive effects.
*
2/2
a. Real Obligations
b. Unilateral Obligations
c. Personal Obligations
d. Reciprocal Obligations

Creates the obligation to return the object of the contract

*
0/2
a. novation
b. rescission
c. condonation
d. payment

the following are kinds of term or period, except

*
2/2
a. Ex die
b. In diem
c. Divisible
d. Legal
This is a sign of bad faith because the debtor intends to evade his obligation. 
*
2/2
a. attempt to abscond
b. attempt to destroy
c. attempt to demand
d. attempt to stipulate
Once the selection has been communicated, it becomes ____
*
2/2
a. voidable
b. Revocable
c. Irrevocable
d. unenforceable

It refers to the juridical tie or legal tie or vinculum juris

*
0/2
a. indivisibility
b. solidarity
c. jointly
d. visibility
It refers to an agreement whereunder one person, the surety, engages to be answerable for
the debt, default, or miscarriage of another.
*
2/2
a. Bilateral Contract
b. Nominate Contract
c. Suretyship contract
d. Onerous Contract
He is considered in law to be on the same footing as the principal debtor in relation to
whatever adjudged against the latter. 
*
2/2
a. creditor
b. manager
c. principal
d. surety
Real actions over immovables prescribe after ____. 
*
2/2
a. 30 years
b. 20 years
c. 10 years
d. 5 years
Remission or condonation is an act of ____. 
*
2/2
a. diligence
b. liberality
c. reimbursement
d. man

It is attached to an obligation in order to secure its performance

*
2/2
a. conditions
b. provision
c. contract
d. penal clause
These are the very heart and life of every compromise agreements.
*
2/2
a. Reciprocal confessions
b. Reciprocal concessions
c. Bilateral confessions
d. Unilateral concessions

He has the burden of showing with legal certainty that the obligation, has been discharged
by payment
*
2/2
a. Creditor
b. Agent
c. Principal
d. Debtor
It is a documentary record of a business transactions
*
0/2
a. Voucher
b. Receipt
c. Invoice
d. Journals
He may be entitled to recover the full amount that he had paid for another’s debt.
*
2/2
a. Consignee
b. Creditor
c. Third person
d. Principal
This is issued to enforce judgment that has already become final and executory
*
0/2
a. Final attachment
b. Preliminary attachment
c. Final injunction
d. Preliminary injunction
It is included in the judgment as the relief or part of the relief granted s a result of the
action.
*
0/2
a. Final injunction
b. Preliminary attachment
c. Final attachment
d. Preliminary injunction
Dation in payment shall be governed by the law on ___
*
2/2
a. Sales
b. Contracts
c. Commodatum
d. Deposits
These are the costs that will be governed by Rules of court
*
2/2
a. Dismantling costs
b. Extrajudicial costs
c. Judicial costs
d. Directly attributable costs
It is the antecedent of consignation
*
2/2
a. Novation
b. Dation in payment
c. Payment by cession
d. Tender
He is released when prestation becomes physically or legally impossible
*
2/2
a. debtor
b. creditor
c. consignor
d. obligee
The cause of consideration for the remission of debt must be ___
*
0/2
a. Ordinary
b. Casual
c. Onerous
d. Gratuitous
A kind of remission that will take effect upon the death of the donor
*
2/2
a. Inter vivos
b. Modificatory
c. Mortis causa
d. Implied
There must be at least two obligations
*
2/2
a. Confusion
b. Compensation
c. Novation
d. Condonation
He may set up compensation as regards what the creditor may owe the principal debtor
*
2/2
a. Consignor
b. Surety
c. Guarantee
d. Guarantor
It refers to the same right which passes from one person to another
*
0/2
a. Subrogation
b. Novation
c. Substitution
d. Assignment

A contract whose  cause is the promise of a thing or sercice by the other party is:*
2/2
a. An onerous contract
b. A gratuitous contract
c. A lucrative cobtract
d. A remuneratory contract

A contract whose cause is the liberality of the benefactor is:*

2/2
a. A gratuitous contract or contract of pure beneficence
b. A remuneratory contract
c. An aleatort contract
d. An onerous contract

An absolutely sumulated contract is:*

2/2
a. Void
b. Voidable
c. Valid
d. Unenforceable

One of the following is not a requisite of cause in a contract. Which is it? *

0/2
a. It must exist
b. It must be lawful
c. It must not be false
d. It must be clearly stated in the contract
This form was created inside of Cronasia Foundation College Inc..

 Forms