Professional Documents
Culture Documents
Quiz 2 24/30
1. A binds himself to deliver to B one of the horses he keeps in his ranch in Calatagan,
Batangas. Before the delivery date, all the horses died during a super typhoon. The
obligation of A is extinguished.
False
True (ang answer sa study docu)
2. W borrowed P5,000.00 from Y. On due date, W withdrew from an ATM said amount to
pay Y. On his way to Y's home, W was held up by an armed person. What is the effect?
3. X was contracted by Y to arrange for the delivery of 1,000 sacks of charcoal to W in Cebu
City. Later X refused to perform the obligation without valid reason. Y's right is -
A. To have the obligation fulfilled by a third person at the debtor's expense with
damages.
B. Answer not given.
C. To compel performance of the obligation and recover damages.
4. K binds himself to deliver to La Hoover fully automatic washing machine with electric dryer
model RF67863 for P85,000. If K fails to perform the obligation without valid reason, what are
the rights of L?
A. To ask another person to perform the obligation at the debtor's expense with damages.
(eto answer sa study docu)
B. To recover damages for breach of the obligation.
C. To compel specific performance and recover damages for breach of the obligation.
5. On February 1, 2022, A sent an email offering to sell to B his one and only car for P200,000.
The next day B sent a reply with an offer for P150,000.
Does B acquire personal right? If so, when?
A. Yes, on February 2.
B. No, he does not acquire any right.
C. Yes, on February 1.
6. W sells to X a sewing machine for P10,000. When may either party incur in delay/default?
A. When one party fulfills his obligation and the other does not comply.
B. When the performance of the obligation is simultaneous.
C. When demand is made upon a party who fails to comply with his obligation.
7. X entered into a contract with Y for the delivery of s specific car. It was stipulated that pending
delivery, the car should be deposited at once in a certain warehouse for safekeeping. A week
after, a strong typhoon hit X's residence which destroyed his house including the
aforementioned car. Is the obligation extinguished?
8. Z sells his laptop to W for P10,000. Z transports the laptop and W promises to pay three days
after. On due date, W fails to pay despite demand from Z. May Z demand for the return of the
laptop?
9. R bound himself to deliver to S, on or before July 1, 2021, a Mercedes Benz with plate no.
FEU 123 which he (R) had just brought home from Germany. He also promised to give S a 32-
inch 3D Sony Bravia Tv set.
Unfortunately, before the due date, the Mercedes Benz and the tv set which R had intended to
deliver to S were destroyed by an accidental fire.
Is the obligation of R extinguished?
10. X is applying for life insurance coverage. A medical examination is scheduled to conduct
some tests, including chest x-ray. X knows that he has an active tuberculosis and will surely fail
the medical exam. x substituted w. his brother, who is a healthy person in his place in the x-ray
examination. The company granted his (X's) application for insurance.
There is-
11. Z bound herself to sell the expensive diamond necklace of W on commission basis. Z was
given one month to sell and return it if not sold.
One night, Z attended a party and wore the diamond necklace. On her way home, she took a
taxi and was held up by three armed men who took away the necklace. Is the obligation of Z
extinguished?
12. E borrowed P1,000 from F payable on April 30, 2021. E did not pay on due date. E is guilty
of-
A. Fraud
B. Delay/default:
C. Ordinary delay
13. On November 7, 2021, N obliged himself to deliver a specific white race horse to M on
December 12, 2021. On December 12, N failed to deliver the horse. On December 30, M
demanded the delivery of the horse to him, but N failed to comply with his obligation. When is N
considered in delay or default?
A. December 12
B. November 7, the day of the perfection of the contract
C. December 30
14. J buys a ferocious tiger. It is placed in a well-built cage. One day a very strong typhoon
strikes the area and the big flood with strong currents causes the cage to break or give way.
The tiger escapes and causes damage to another. Is J liable?
15. A sold to B his cellphone for P2,000 to be delivered on December 1, 2021 and to be paid on
December 7, 2021. A delivered the phone on December 1 but B did not pay on December 7. B
is already in delay or default without need of demand.
True
False
16. A presumption that can be destroyed or disproved by showing evidence or proof to the
contrary.
A. Conclusive
B. Rebuttable
A. Negligence
B. Causal fraud/dolo causante
C. Incidental fraud/dolo incidente
18. Lack of foresight, lack of planning, lack of due care even lack of skill refer to
A. Fraud
B. Diligence
C. Negligence
19. The waiver of an action for this kind of fraud is valid because it is considered as an act of
generosity and magnanimity of the party who is the victim of fraud. This refers to
A. Future fraud
B. Past fraud
20. X sold to Y on March 1, 2021, a female cow named Becky to be delivered on March 15,
2021. However, on March 10, 2021, X sold and delivered the same cow to W. Y has a better
right over Becky.
21. K went to an appliance store to buy a 10 cubic feet white Westinghouse refrigerator model
W1921. The sales person told K that they have only five units left of said refrigerator. K
inspected each unit and told the salesperson that he was buying the one in the middle. They
agreed that delivery will be made the next day. On that evening, the appliance store was
completely destroyed by an accidental fire. The obligation is extinguished due to fortuitous
event.
A. True
B. False
22. X sold to Y 100 cavans of rice stored in his bodega in Sampaloc, Manila. Y promised to pay
three days after and the key to the warehouse was handed to Y by X. Before Y could get the
cavans of rice, the bodega was gutted by an accidental fire. Who shall bear (suffer) the loss?
A. Y
B. X
C. Neither X nor Y
23. A and B are adjacent farmland owners. They entered into a contract wherein B agreed not
to put any structure that will impede the free flow of freshwater to A's farmland. Afterwards, A
discovered that b built a fence that impedes the flow of water to his farm. He made a demand
upon B to remove the fence but B did not oblige. What is the effect?
A. A can recover damages and have the fence dismantled at B's expense
B. A can recover damages because B is in delay/default which is a breach of the obligation
C. A may sue B to compel performance of the obligation with damages
24. When is a debtor whose obligation is to give, required to a deliver a thing must neither
superior nor inferior?
25. A and B entered into a contract for the construction of the latter's house.
A's personal qualifications are taken into account. What is the effect if A refuse to perform the
obligation without valid reason?
26. A and B entered into a contract on September 1, 2022 wherein A will deliver to b his mango
orchard on September 15, 2022. Before September 15, B has no right whatsoever over the
mango fruits.
True
False
27. Execution of public document or instrument by the contracting parties as a mode of delivery
refers to
A. Prompt delivery
B. Constructive delivery
C. Actual delivery
A. Obligation to give
B. Obligation not to do
C. Obligation to do
29. A went to a thrift shop to buy an office table. A saw three office tables and told the seller that
he was buying the largest one. They agreed that the table will be delivered to A's residence the
next day. On that evening, the shop was totally destroyed by an accidental fire. The obligation is
extinguished.
True
False
30. X obliged himself to give Y his Mercedes Benz car on August 7, 2022. x did not deliver the
car on said date. On August 8, 2022, the car was destroyed in an accidental fire. The obligation
is not extinguished because of failure of X to perform his obligation on time.
True
False
Quiz 3 20/30 lang huhu
1. Perla is indebted to Maya and John in the amount of P10,000. Perla must pay P5,000 to
Maya and P5,000 to John.
O True
O False
2. X agrees to lease his one and only farmland and Y agrees to lease it for only P60,000
for one year if X's son wins in the Christmas lotto draw. If the condition happens, then X
must deliver the land together with the fruits and Y must pay the rentals with interest.
O True
O False
3. A, B and C solidarily owe X P3 million. X remitted the whole obligation due to A's
persistent plea. A, therefore, can ask for reimbursement from B and C.
O True
O False
O True
O False
5. A, B and C are jointly and severally indebted to X in the sum of P100,000. C is insolvent.
A and B shall answer for the share of C.
O True
O False
6. K will deliver to L 10 sacks of green tea or 10 sacks of dried lemon grass or 1 kilo of
dried marijuana leaves. There is partial nullity of the obligation.
O True
O False
7. F binds himself to repair the car of G or to repair G's truck or to paint G's motorcycle.
Before F can choose, G sells his motorcycle. G has to pay damages to F.
O True
O False
8. Albert will give Ben this car or this motorcycle or this truck. Nothing is said in the contract
as to who was given the right of choice. Ben selects the car. Albert is bound by the choice
made.
True
False
9. A. B. C. D and E individually and collectively owe X P10,000. Before the due date, X remitted
the share of A in the debt. On due date, B paid the balance of P8,000 to X. When B asked for
reimbursement from his co-debtors. E could not pay because of insolvency. Who shall answer
for the share of E?
18 分
© B. C and D only since A's share has been remitted already by X.
O A C and D only
O A. B. C and D
10. W and X owe in solidum Z P1,000. W paid P800 which Z accepted without any objection.
How much can W recover from X?
• Р200
O P800
• Р300
• P1,000
11. M owes solidary debtors F, E and U P300,000. M refused to pay. Hence, E filed a suit
against M to enforce the obligation. M must pay to E only.
O True
O False
12. A will deliver to X, Y and Z a specific motorcycle. On due date X made a demand upon A.
The latter (A) refused to deliver to X only and insisted that Y and Z must also receive the
motorcycle.
O True
O False
13. If the resolutory condition is not fulfilled, the juridical relation is consolidated.
O True
O False
14. In suspensive condition, rights are not yet acquired, but there is a hope or expectancy that
they will soon be acquired.
True
False
15. A owes B P3,000.00 payable whenever he can pay or when his means will permit him to do
so is an obligation with a suspensive condition.
O True
O False
16. A will sell his house to C for only P50,000 if C will not convert it into a prostitution house is a
valid obligation.
O True
O False
17. "I will give you P50,000 if I return home from abroad" is a valid obligation.
O True
O False
18. "I will give you P50,000 on the 389th day of the year" is a valid obligation with a period.
O True
O False
19. X will deliver to Y one sack of white rice or one sack of brown rice or one sack of red rice. X
can compel Y to receive ⅛ sack of white rice and ½ sack of brown rice.
O True
O False
20. W will deliver to Z a puppy, or a kitten or a bird. Z made a demand upon him but W still
failed to choose. There is no delay or default.
O True
O False
21. X suffered big losses in his business. To infuse fresh capital in his business and hoping that
he will do good in order to pay his unpaid obligations, he borrowed P5 million pesos from W
payable after two years. A few weeks after receiving the loan, creditors begin hounding again X.
hence, X loses the right to make use of the period.
O True
O False
22. R left his residential house in Manila. Before he went to Marawi he asked his nephew W to
take care of the property and that he will pay him P30,000 if he was able to manage it well. R
got stranded when terrorists sieged Marawi City. Meanwhile, without the knowledge and/or
consent of R, W leased the property to a certain businessman who used the house as
warehouse. One evening, an accidental fire destroyed the property completely. Is W liable to R
for damages?
23. A promises to pay B P100,000 if B constructs a big and elaborate gazebo in A's residence
within one year. On the third month after they entered into a contract, A caught B stealing from
his house and filed a case against the latter. B was convicted and was sent to jail. Hence, B was
not able to finish the construction. B is still entitled to receive his payment because of
constructive fulfilment of condition.
O True
O False
24. A penal clause in an obligation is a coercive means to obtain compliance from the debtor.
O True
O False
25. J will give K a cellphone or a laptop computer or a tablet (all specific things) within three
months from date of contract. They stipulated that K will have the right of choice. Before K can
choose the prestation, the laptop computer was lost due to J's fault. Which one is not correct?
O J is not liable for damages because there are remaining prestations to choose
from.
© J is liable for damages and K may demand for the price of laptop.
D J is liable for damages and K may choose among those subsisting.
26. P will deliver to M 10 sacks of white rice stored in a specific warehouse in Sampaloc, Manila
or 15 sacks of black corn stored in a certain warehouse in Sta. Cruz, Manila as a substitute.
Before P performs the obligation, he deliberately burned the 15 sacks of black corn.
27. A will give B a specific sewing machine with P10,000 as penalty for non-performance. A fails
to perform. B can demand for performance of the obligation with payment of P10,000 as
penalty.
O True
O False
O True
O False
30. S will deliver to V a specific used car valued at P150,000 on September 1, 2022 and to pay
the penalty of P10,000 for everyday of delay from date of maturity. S failed to deliver the car and
the total amount of penalty he has to pay is P300,000. What is the effect?
O True
O False
2. X, 18 years old, borrows P2,000 from Y, 16 years old. On due date, X pays Y the
amount of P2,000. The payment is valid if Y kept the money or in so far as the payment
is beneficial to him.
O True
O False
3. A owes B P10,000. On due date, B goes to A's residence to collect the payment and A is
ready to pay the full amount. However, they agreed that instead of cash B will accept A's
wristwatch worth more or lessP10,000 as full payment. The obligation is extinguished by
Dacion en Pago or Dation in Payment.
O True
O False
4. In payment by cession, the debtor transfers the ownership of his properties to the
creditors in payment of his debts.
O True
O False
5. A owes B the following: P1,000 due and demandable and P500 not yet due. A has the
right to choose to which debt he wants to apply the payment. He can apply the payment
to the P500 debt.
O True
O False
7. If a creditor refuses to accept payment without valid reason and despite repeated
demands from the debtor, the obligation is deemed extinguished.
O True
O False
8. A buys B's car for P100,000. A paid by way of a check which B accepted. The obligation
is deemed paid and therefore, extinguished.
O True
O False
O True
O False
10. X and Y entered into a contract of sale. Y paid by check which X accepted. Seven
months after the date of issue, X presented the check for encashment and found out that
the bank had closed due to insolvency. Y's obligation is deemed paid and therefore,
extinguished.
O True
O False
11. X owes Y P10,000. Without the knowledge and consent of X, Z and Y agreed that the
obligation of X is extinguished and Z will be the new debtor of Y who is obliged to pay
the amount of P10,000. This novation (substituting the person of the debtor) is called
Expromision.
O True
O False
12. A, debtor, proposes to B, creditor, that M will be the new debtor who will pay the
obligation. B accepted M as the new debtor and agreed to extinguish A's obligation. If on
the due date, M cannot pay due to insolvency, B can still hold A liable because he was
the one who proposes the substitution of debtor.
O True
O False
13. X borrowed P20,000 from Y. A negotiable promissory note was executed by X payable
one year after the date of issue. Y paid the promissory note to Z; Z paid the note to A
who also paid the note to X. The obligation of X is extinguished by confusion or merger
of rights.
O True
O False
14. A is obliged to deliver 10 sacks of white rice to B. The latter is also obliged to deliver 10
sacks of brown rice to A. Both obligations are due and demandable. The obligations of A
and B are extinguished by compensation.
O True
O False
15. A owes B P5,000 guaranteed by X. B also owes A P5,000. Both debts are due and
demandable. A did not pay due to insolvency. When B demands payment from X, the
latter refused to pay on the ground of compensation of obligation. X is correct.
O True
O False
Quiz 5 23/30
True
False
True
False
True
False
4. X reluctantly and against her good judgment sold her cell phone at a lower price. The
contract is voidable.
True
False
5. A entered into a contract of partnership with B thinking that B was C, B and C being twin
brothers. A may have the contract annulled for mistake as to identity.
True
False
6. X, 13 years old, without the consent of his parents, sold his cell phone fo P5,000 to B, 21
years old. Upon receiving the money, X was held up by an armed man. If the sale is
annulled, X is not liable to return the price but B is obliged to return the phone.
True
False
8. The perfection or birth of a contract does not necessarily result to a perfectly valid
contract.
True
False
9. F, 16 years old, asked permission from his parents to sell his old laptop computer. F,
sold the computer for P10,000 when the current selling price of such item is
P12,000,.00. Upon learning of the sale, F’s parents were furious and demand for the
return of the computer. The parents are correct because the contract is defective.
True
False
10. While heavily drunk, X binds himself to give his Bulova wristwatch to Y, who at that time
was in his lucid interval. The contract is valid.
True
False
11. V, 16 years old, sold his parcel of land for P300,000. When his parents learned about it
they got angry but were pacified upon knowing that V sold it for a good price. V and his
parents went to Hongkong and spent some of the money. There is ratification.
True
False
12. E asked D if he can borrow the latter’s car this weekend. D agreed. The contract is not
perfected until the delivery of the car to R.
True
False
13. X enters into a contract with Z. Upon learning that Z is a minor, X file for annulment of
the contract. X has no right to file said action.
True
False
14. X, 16 years old, Y, insane, and Z, an illiterate deaf-mute went to a department store and
bought some clothes, had a snack in a restaurant and took a taxi on their way home. All
the contracts they entered into are valid.
True
False
15. Conception stage of a contract is when there is already a meeting of minds between the
parties as to the object and consideration.
True
False
16. X sells to Y a specific tv set to be delivered on October 1, 2021. The contract is not
perfected until the delivery of the tv set.
True
False
17. Y was given five (5) days by Z to decide whether or not to accept Z's offer. Two days
after, Z changed his mind and withdrew the offer. Z is liable for damages.
True
False
18. W, 17 years old, enters into a contract with X, also 17 years old, without the consent of
their respective parents or guardian. The contract is voidable or annullable.
True
False
19. G, 18 years old, enters into a contract with H, 19 years old, who later on became insane.
The contract is voidable.
True
False
20. A offers to sell his cell phone for P3,000.00 to B. B agrees to buy it for P2,000.00. the
contract is not perfected.
True
False
21. E, during his lucid interval, enters into a contract with D, 16 years old. The contract is
valid.
True
False
22. Contracts entered into during a hypnotic spell or in a state of drunkenness are voidable.
True
False
23. X, 15 years old, sold his property worth P10,000.00 for P12,000.00 to B, 25 years old.
The contract is valid because X did not suffer lesion or damage.
True
False
24. K, a 20 year old deaf-mute, enters into a contract with L, 18 years old. The contract is
valid.
True
False
True
False
26. A, 15 years old, enters into a contract with B, 18 years old on June 1, 2020. The parents
of A ratified the contract on June 15, 2020. The contract is considered valid since June
15, 2020.
True
False
27. A and B, both minors, entered into a contract. The parents of A ratified the contract while
B's parents did not. The contract is converted into a voidable contract.
True
False
28. X bought a skin whitening product she saw on television because it was claimed to be
"the best in the market today." The product did not actually deliver the result which X
expected. There is vitiation of consent due to fraud.
True
False
29. A, a demented person, sold to B, a camera for P5,000.00. Of said amount, P3,000 was
spent by A in the purchase of food and other personal necessities. The other P2,000
was lost by A without his fault. Having been restored to his normal self, A filed an action
for annulment and the court granted the same. B must return the camera and A must
return the P5,000.00.
True
False
30. While A was in a state of drunkenness, he sold his car to B for P100,000,00. Later on, A
filed an action against B to annul the contract. The court annulled the contract but A
could not return the amount paid by B. B cannot be compelled to return the car to A.
True
False
Quiz 6 19/20
1. R wants to buy the rice field of J but the latter refuses. So R together with some
companions tied J to a tree, beat him up until he was compelled to sign a contract of
sale of the rice field in favour of R.
Force or violence
Undue influence
Threat or intimidation
2. R and his companions, who are notorious gangsters, went to the house of J and told J
that unless he signs the contract of sale, R and his companions were going to get J's
beautiful daughter. J was compelled to sign the contract.
Threat or Intimidation
Force or violence
Undue influence
3. A promised to give B a diamond ring if B should pass the Bar examination to be given on
October 2013. It turned out that B was only a third year law student in June 2013
Undue influence
Error or mistake
Fraud
Error or mistake
Fraud
Undue influence
5. X, a minor, entered into a contract with W wherein the former sold a piece of land to W
for P100,000. X used the P20,000 in buying his school books as well as clothes for
school use. The balance of P80,000 was invested by him in a certain business which
failed. Upon reaching the age of majority, filed for the annulment of the contract of sale
and the same was granted. As to X, what is the effect of the annulment?
7. W died leaving five creditors to whom W owed P25,000. W left an estate worth P20,000.
8. A sells a watch to B with the misrepresentation that the watch is of perfect quality and
that it is a Techno Marine watch. Now, B sells the watch to C, stating to the latter that the
watch is Techno Marine. B honestly thinks that the watch he is selling to C is really of
Techno Marine brand. It turns out that the watch is not really Techno Marine. It is just
marked as such.
9. A and B entered into a contract of sale involving a parcel of land. They executed a
private document. When B tried to register the title of the land in his name, he was told
that a public document is required. What is the status of the contract?
10. A characteristic of contract which states that the contracting parties may agree upon
anything provided it is not contrary to law, morals, good customs, public order and public
policy.
Relativity of contract
Mutuality of contract
Consensuality of contract
Independence of contract
11. When a debtor dies without paying his indebtedness, his heir shall not be liable beyond
the value of the property he received from the decedent.
Independence of contract
Relativity of contract
Consensuality of contract
Mutuality of contract
12. Today, A and B entered into a contract of sale. The two of them are bound to fulfill not
only 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.
Consensuality of contract
Relativity of contract
Mutuality of contract
Independence of contract
13. The contracts must bind both contracting parties; its validity or compliance cannot be left
to the will of one of them.
Mutuality of contract
Relativity of contract
Consensuality of contract
Independence of contract
14. Contracts which are not perfected until the delivery of the object of the obligation'
Principal contract
Real contract
Consensual contract
Nominate contract
15. The following except one are valid object/subject matter of contracts -
Construction of a house
Rivers
Credit
Dog
16. C is the only child of H and W. Being the only heir of the couple, C may enter into a
contract involving any property he will inherit from his parents.
True
False
True
False
18. A bought a second hand from B for P300,000 to be given to his daughter on her 20th.
The motive of the contract is -
Price of P300,000
Answer not given
Gifting the car to her daughter
19. X and Y entered into a contract of sale involving a specific car for P500,000. X
delivered the car but Y did not pay. There is -
False consideration
Absence or want of consideration
Failure of consideration
20. As a requirement in business law subject. A and B executed a contract of sale wherein
A sold to B a cellphone for P20,000. Since they do not intend to be bound by the contract,
A did not deliver and B did not pay anything. In this case, as to consideration, there is -
Failure of consideration
Absence or want of consideration
False consideration