OBLICON MCQ 5. Through insidious words or machinations, A was able to 1.

When the debtor binds himself to pay when his means permit him to do so, the obligation is: a. Conditional b. Pure c. Simple d. With a Period ANSWER: D induce B to enter into a contract which without them B would not have agreed to it. There is: a. Undue Influence b. Fraud c. Mistake d. Misrepresentation ANSWER: B

2. Contracts which cannot be sued upon unless ratified, thus it is as if they have no effect yet are: a. Voidable b. Rescissible c. Void d. Unenforceable ANSWER: D

6. "A sells to B his lot and house in the city if A decides to transfer and live in the countryside" is an example of: a. Mixed Condition b. Potestative Condition c. Casual Condition d. Resolutory Condition ANSWER: B

3. If the obligation of the debtor is "I will pay you my debt after I have arrived from abroad," this is a. Unenforceable b. With a Period c. Void d. Conditional ANSWER: D

7. It is a mode of extinguishing an obligation when two persons in their own right are creditors of each other. a. Confusion b. Reformation c. Compensation d. Novation ANSWER: C

4. When the characters of the creditor and the debtor are merged in one and the same person, there is extinguishment of the obligation by: a. Compensation b. Merger of Rights c. Novation d. Remission ANSWER: B

8. A contract is in the stage of conception when: a. There is meeting of the minds. b. Negotiations are in progress. c. The parties come to an agreement. d. The contract is perfected. ANSWER: B

Voidable d. Unenforceable d. Which of the following contracts is not void ab initio? a. Void ANSWER: A 17. Donation between husband and wife 11. Mora accipiende ex re d. An obligation to pay a certain amount in ten annual installments is divisible. Marriage between first degree cousins b. This contract is without effect unless ratified: 16. Rescissible b. this obligation is: a.9. Mora solvendi ex persona c. b. Contracts entered into in a state of drunkenness or during a hypnotic spell are: a. Delay in the giving or delivering of a thing a. Contract of sale between husband and wife d. Void b. Obligations to give definite things and those that are not susceptible of partial performance shall be deemed divisible. Resolutory ANSWER: B 14. ANSWER: A 13. Rescission of contract can take place in this case a. Valid c. Voidable c. That whose object did not exist at the time of transaction c. With a Term b. Mora accipiende ex persona ANSWER: A 12. When the seller cannot return the installments paid to him by the buyer ANSWER: B ANSWER: D b. That which is undertaken in fraud of creditors ANSWER: B a. Legal ANSWER: C 15. Conditional c. That which contemplates an impossible service d. c. A defective contract where damage or lesion is essential a. An instrument may be reformed d . When the thing which is the object of the contract is legally in the possession of a third person who acted in bad faith b. Mora solvendi ex re b. Which of the following statements is false? a. When the party seeking resolution can perform only as to part and as to remainder d. If the obligor binds himself to perform his obligation as soon as "he shall have obtained a loan" from a certain bank. When he who demands rescission can return whatever he may be obliged to restore c. Accomplishment of work by metrical units are divisible d. Contract of sale between two insane persons c. Those whose object is outside the commerce of men 10. Execution of a certain number of days of work shall be divisible. Suspensive d.

If you ask: how we apply laws on obligations and contracts on our daily activities. There are two or more persons who are creditor or debtors of each other. There is delegation if debtor is released c. it is necessary to faithfully fulfill one's obligation. if what was delivered to the buyer is more than what he paid for. for example. isn't? If the money given is more than the price of the pandesal. That is because he knows no one should be enriched at the expense of another. the parties are not aware that they are applying the basic principles of law on obligations and contracts. There are two or more debts of the same kind d. in return. Written contract contemplating impossible services c. . creating an implied obligation to return. Oral contract of partnership where real estate is contributed as capital d. he has the obligation to return what is not due him. and their minds have met. Likewise. each of them will not just rescind or refuse to comply. one will not just back out from the perfected sale. have not had any formal education. Agent's authority to sell land is given orally. The buyer will hand the money and the seller. When a third person assumes the payment of the obligation even without the knowledge and consent of the debtor but with the consent of the creditor a. Then. At this point. unknowingly. They might not be well versed. Debts to be compensated are due and demandable b. but instinctively. When the instrument does not express the true intention of the parties due to mistake d. Like. Oral contract of partnership of three partners and capital contribution is more than P3. yet they apply these simple principles of law unconsciously. Three of the following contracts are void. In a simple. to avoid the occurrence of dispute. A clear example of reciprocal obligations. hence. once the seller and buyer agrees to the object and price. Wills c. that is to achieving order between the parties to the contract. There is expromission if debtor is released ANSWER: D 20. Even without knowledge of law. Which one is not? a.000 in cash b. Which of the following is not an element of legal compensation? a. When the real agreement is void ANSWER: C Question: Why is it important contractsbe faithfully fulfiiled?? that obligation in 18. There is novation b. why do we have to fulfill our obligations. 19. will hand over the pandesal. transaction. ANSWER: A Answer: Laws are enacted to have order (or require the performance of a particular action to achieve the same) Since the terms and conditions of a contract are considered the governing laws between parties. he will return the same under the same principle. One will not notice that in performing a simple common task you have applied several principles on obligations and contracts. that is. buying a piece of pandesal. Thus. the buyer will offer to buy and the seller will accept. depending on one's value. the seller will give the change. we apply it unknowingly. Question: How do you apply the laws on obligations and contracts to everyday activities and business dealings? Answer: We apply laws on obligations and contracts unconsciously to our daily activities. they will go on to consummate the same. There is controversy or adverse claim over any debts to be compensated c. or even. but very common. Hence.ANSWER: B a. There is subrogation d. after the perfection of the contract of sell. Simple donations inter vivos wherein no condition is imposed b.

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