LAW ON OBLIGATIONS AND CONTRACTS

QUIZ 3
EXAMINER:

1. It exists when a person takes improper advantage of his power over the will of another,
depriving the latter of a reasonable freedom of choice.
a. Violence
b. Intimidation
c. Undue influence
d. Fraud

2. Wills cannot be reformed.

a. True
b. False

3. It is a contract that has not yet been performed. Certain executory contracts are covered by
Statute of Fraud and required to be in writing for them to be enforceable.
a. Executory contract
b. Executed contract
c. Executing contract
d. Auto contract

4. It is an onerous contract except â

a. Donation
b. Partnership
c. Sale
d. Lease

5. Future thing may not become a valid object of contract

a. True
b. False

6. The contract must bind both contracting parties; its validity or compliance cannot be left to the
will of one of them.
a. Autonomy of contract
b. Mutuality of contract
c. Relativity of contract
d. Obligatory force of contract

7. It is the point when there is meeting of minds between the parties on a definite subject
matter and valid cause.
a. Preparation stage
b. Perfection
c. Termination
d. Consummation
8. If the form is required only for the convenience of the parties, the contracting parties may
compel each other to observe the form, once the contract is perfected.
a. True
b. False

9. Contracts entered in a state of drunkenness are

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

10. Contract of deposit is a consensual contract.

a. True
b. False

11. Contracts entered during hypnotic spell are

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

12. Simple mistake of account will vitiate consent and shall render the contract voidable.
a. True
b. False

13. Contract of sale is a real contract.

a. True
b. False

14. A contract may be enforced by or against a third person except â

a. In case of stipulation pour autrui
b. When the benefit to a third person is merely incidental
c. In case of contracts intended to defraud creditors
d. When a third person induces another to violate his contract

15. is the legal remedy available to the injured party in a contract when the instrument or
document that serves as tangible evidence of the contract does not express the true intention of
the contracting parties.
a. Annulment
b. Reformation
c. Restoration
d. Rescission
16. When the offerer has allowed the offeree a certain period to accept, the offer may be
withdrawn at any time before acceptance by communicating such withdrawal, except
when the option is founded upon a consideration, as something paid or promised.
a. True
b. False

17. Absolutely simulated or fictitious contract is void.

a. True
b. False

18. If the law requires a form to a contract for mere convenience of the parties, what is the right of
the contracting parties once the contract is perfected?
a. Annulment of the contract
b. Reformation of the contract
c. Compel each other to observe the form required by law
d. Demand to pay damages

19. There can be an action for the reformation of instrument if the real agreement is void.
a. True
b. False

20. If one of the parties in a contract is incapable of giving consent, the contract is
a. Valid
b. Voidable
c. Unenforceable
d. Void

21. There is no intimidation if the threat is to enforce oneâ s claim that is just or legal through
competent court.
a. True
b. False

22. It is a contract which has been performed. It is a contract not covered by Statute of Fraud.
a. Executory contract
b. Executed contract
c. Executing contract
d. Auto contract

23. Mistake of law will vitiate consent if the error as to the legal effect is mutual and the real
purpose is frustrated.
a. True
b. False
24. If a minor enters into a contract for necessaries, the contract is
a. Valid
b. Voidable
c. Unenforceable
d. Void

25. It is a contract perfected by the execution of the formality required by law.

a. Consensual contract
b. Real contract
c. Solemn or formal contract
d. Traditional contract

26. If the offerer is an agent, the acceptance must be communicated to him. If the acceptance is
communicated to the agent, the contract is already perfected even the principal has no
knowledge of the acceptance.
a. True
b. False

27. Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith. From perfection 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.
a. Autonomy of contract
b. Mutuality of contract
c. Relativity of contract
d. Obligatory force of contract

28. An innominate contract which means â I do that you may give.â

a. Do ut des
b. Do ut facias
c. Facio ut des
d. Facio ut facias

29. It is a contract whereby the parties give almost equivalent values; hence, there is real
fulfillment.
a. Commutative contract
b. Onerous contract
c. Reciprocal contract
d. Auto contract

30. There is mistake if the party alleging it knew the doubt, contingency or risk affecting the
object of the contract.
a. True
b. False
31. For a fraud to make the contract voidable â
a. Must be an incidental fraud and must be serious
b. Must be causal fraud and committed by both parties
c. Must be committed at the time of performance and need not be serious
d. Must be committed at the time of the perfection of the contract and committed

32. Simple donation inter vivos wherein a condition is imposed may be reformed.
a. True
b. False

33. It is manifested by the meeting of the offer and the acceptance upon the thing and the cause
which are to constitute the contract.
a. Consent
b. Object
c. Cause
d. Consideration

34. It is a contract whereby one party receives no equivalent consideration. These contracts are
referred to as contracts of pure beneficence, the cause of which is the liberality or generosity of
the benefactor.
a. Onerous contract
b. Gratuitous contract
c. Remuneratory contract
d. Solemn or formal contract

35. Contracts take effect only between the parties, their assigns, and heirs.
a. Autonomy of contract
b. Mutuality of contract
c. Relativity of contract
d. Obligatory force of contract

36. Contracts entered by insane person during lucid interval are

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

37. Pledge is a real contract.

a. True
b. False

38. Three of the following are essential elements of a contract, except â

a. Cause of the obligation which is established
b. Consent of the contracting parties
c. Motive of the parties
d. Subject matter of the contract
39. Contract of commodatum is a real contract.
a. True
b. False

40. It is a meeting of minds between two persons whereby one binds himself, with respect to the
other, to give something or to render some service.
a. Obligation
b. Contract
c. Quasi-contract
d. Delict

41. Employment of serious or irresistible force to obtain consent

a. Violence
b. Intimidation
c. Undue influence
d. Fraud

42. As a rule, lesion or inadequacy of cause shall invalidate a contract.

a. True
b. False

43. If both parties in a contract is incapable of giving consent, the contract is

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

44. If the opinion is made by an expert and the other party relied on it, then it would constitute
fraud.
a. True
b. False

45. Accessory contract can stand alone.

a. True
b. False

46. It is a contract whereby there is an exchange of valuable consideration. For each contracting
party, the cause is the prestation or the promise of a thing or service by the other.
a. Onerous contract
b. Gratuitous contract
c. Remuneratory contract
d. Solemn or formal contract

47. Usual exaggerations in trade is fraudulent.

a. True
b. False
48. The contracting parties may establish such stipulations, clauses, terms and conditions as they
may deem convenient, provided they are not contrary to law, morals, good customs, public order,
or public policy.
a. Autonomy of contract
b. Mutuality of contract
c. Relativity of contract
d. Obligatory force of contract

49. Which of the following is not a real contract?

a. Deposit
b. Sale
c. Commodatum
d. Pledge

50. The statement of a false cause in contracts shall render them void.
a. True
b. False