TEST BANK
OBLIGATIONS & CONTRACTS
For review purposes only
Instruction: Choose the best answer for each question. Write the letter of
your answer on the corresponding answer sheet on the last page. If you
think that the correct answer is not given among the choices, write
“NAWOL”. Break a leg!
I. OBLIGATIONS
1.
The following are the requisites of an obligation, except
A.
B.
C.
D.
Passive and active subject
Prestation
Efficient cause
Demand
The right of the creditor that is enforceable against a definite
debtor is
2.
A.
B.
C.
D.
Real right
Natural right
Moral right
Personal right
3. Which of the following is a civil obligation?
A.
B.
C.
D.
X obliges himself to pay Y P10,000 on October 30, 2009.
A is a debtor of B for P20,000 due on September 30, 1995.
The obligation of a husband and wife to observe fidelity.
The obligation of a catholic to hear mass every Sunday.
4. Specific performance may not be possible in this civil obligation
A.
B.
C.
D.
A, a painter, obliges himself to paint the portrait of B on April
9, 2009
C, a farmer, obliges himself to give his only cow to D on February
14, 2009
E, a veterinarian, obliges himself to give one of his dogs to F on
May 1, 2009
G, a registrar of deeds, obliges himself to effect
registration of H’s parcel of land on February 28, 2009.
5. The source of obligations which is a rule of conduct, just and
obligatory, promulgated by legitimate authorities for common
good, benefit and observance
A.
B.
C.
Contracts
Quasi-contracts
Delicts
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
D.
Law
6. A juridical necessity to give, to do or not to do
A.
B.
C.
D.
Civil obligation
Natural obligation
Moral obligation
Social obligation
7. They give a right of action to compel their performance
A.
B.
C.
D.
Civil obligation
Moral obligation
Natural obligation
Social obligation
8. The obligee has a right to enforce the obligation against the obligor
in a court of law
A.
B.
C.
D.
Civil obligation
Moral obligation
Natural obligation
Social obligation
9. This is based on equity and justice
A.
B.
C.
D.
Civil obligation
Moral obligation
Natural obligation
Social obligation
10. The person in whose favor the obligation is constituted
A.
B.
C.
D.
Obligor
Obligee
Passive subject
Debtor
11. Synonymous to obligee
1.
2.
3.
4.
A.
B.
C.
D.
Creditor
Active subject
Debtor
Passive subject
1
1
2
3
and
and
and
and
2
4
3
4
12. The person who has the duty of giving, doing or not doing.
A.
Obligee
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
B.
C.
D.
Obligor
Active subject
Creditor
13. Synonymous to obligor
1.
2.
3.
4.
A. 1
B. 1
C. 2
D. 3
Creditor
Active subject
Debtor
Passive subject
and
and
and
and
2
4
3
4
14. The object or subject matter of the obligation
A.
B.
C.
D.
Prestation
Vinculum
Active Subject
Passive subject
15. The efficient cause or juridical tie why the obligation exists
A.
B.
C.
D.
Active subject
Passive subject
Prestation
Vinculum
16. The duty not to recover what has voluntarily been paid although
payment was no longer required
A.
B.
C.
D.
Civil obligation
Natural obligation
Moral obligation
Juridical obligation
17. The following are sources of obligations derived from law, except
A.
B.
C.
D.
contracts
quasi-contracts
delicts
quasi-delicts
18. Cannot be enforced by court action and depend exclusively upon the
good conscience of the debtor.
A. Civil obligation
B. Natural obligation
C. Moral obligation
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
D. Social obligation
19. A owes B P1,000. A, knowing that the debt has prescribed,
nevertheless, still pays B. Can A recover what he voluntarily paid?
First answer Yes, because B has no right to demand the payment
effected by A.
Second Answer No, the payment extinguished the natural
obligation.
A.
B.
C.
D.
Both
Both
Only
Only
answers are correct.
answers are wrong.
the first is correct.
the second is correct.
20. The duty to pay taxes and support one’s family are obligations
arising from
A.
B.
C.
D.
Law
Contracts
Quasi-contracts
Delicts
21. The obligation of husband and wife to render mutual help and support
arises from
A.
B.
C.
D.
Contract
Law
Quasi-contract
Quasi-delict
22. A supports B, a minor, because B’s father refuses to support B.
The father is obliged to reimburse A. The source of obligation
is
A. Contract
B. Quasi-contract
C. Delicts
D. Quasi-delicts
23. A juridical relation resulting from a lawful, voluntary, and
unilateral act and which has for its purpose the payment of
indemnity to the end that no one shall be unjustly enriched or
benefited at the expense of another.
A.
B.
C.
D.
Contract
Quasi-contract
Delicts
Quasi-delicts
24. When a person voluntarily takes charge of another’s abandoned
business or property without the owner’s authority where
reimbursement must be made for necessary and useful expenses.
A.
B.
C.
Quasi-contract
quasi-delict
Negotiorum gestio
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
D.
Solutio indebiti
25. When something is received when there is no right to demand
it, and it was unduly delivered thru mistake, the recipient
has the duty to return it.
A.
B.
C.
D.
Quasi-contract
Quasi-delict
Negotiorum gestio
Solutio indebiti
26. Statement 1- A quasi-contract is an implied contract.
Statement 2 - A defendant who is acquitted in a criminal case is no
longer liable civilly.
A.
B.
C.
D.
True; true
True; false
False; true
False; false
27. Tort or culpa aquiliana is
A.
B.
C.
D.
Quasi-contract
Quasi-delict
Negotiorum gestio
Solutio indebiti
28. A fault or act or omission of care which causes damage to
another, there being no pre- existing contractual relations
between the parties.
A.
B.
C.
D.
Quasi-contract
Quasi-delict
Negotiorum gestio
Solutio indebiti
29. Omission of the diligence which is required by the circumstances of
person, place and time.
A.
B.
C.
D.
Ignorance
Negligence
Impotence
Insanity
30. Unless the law or the stipulation of the parties require another
standard of care, every person obliged to give something is also
obliged to take care of it with the proper diligence.
A.
B.
C.
D.
Observing utmost care.
Observing extraordinary diligence
Of a father of a good family
Observing ordinary diligence
31. Ordinary diligence is
A.
B.
Diligence of a good father of a family.
Extraordinary diligence
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
C.
D.
Diligence required by law
Diligence of a father of a good family.
32. The creditor has the right to the fruits of the thing.
A.
B.
C.
D.
From
From
From
From
the
the
the
the
time the obligation to deliver it arises.
time the fruits have been delivered.
time there is meeting of the minds.
perfection of the contract.
33. From the time the fruits have been delivered, the creditor shall
acquire
A.
B.
C.
D.
Real right
Personal right
Moral right
Inchoate right
34. If A sells to B a fountain pen, the giving by A to B of the fountain
pen is
A.
B.
C.
D.
Actual tradition
Constructive delivery
Symbolical tradition
Traditio longa-manu
Items 35-39 A kind of constructive delivery whereby:
35. There is delivery when the keys of a warehouse are given.
A.
B.
C.
D.
Traditio
Traditio
Traditio
Traditio
simbolica
longa-manu
brevi-manu
constitotum possessorium
36. There is delivery by mere consent or pointing out of an object.
A.
B.
C.
D.
Traditio
Traditio
Traditio
Traditio
simbolica
longa-manu
brevi-manu
constitotum possessorium
37. A possessor of a thing not as an owner, becomes the possessor as
owner.
A.
B.
C.
D.
Traditio
Traditio
Traditio
Traditio
simbolica
longa-manu
brevi-manu
constitotum possessorium
38. A possessor of a thing as an owner retains possession no longer
as an owner, but in some other capacity
A.
B.
C.
D.
Traditio
Traditio
Traditio
Traditio
simbolica
longa-manu
brevi-manu
constitutom possessorium
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
39. The opposite of brevi-manu
A.
B.
C.
D.
Longa-manu
Simbolica
Constitutom possessorium
Quasi-tradition
40. If a thing is capable of particular designation.
A.
B.
C.
D.
Generic
Specific
Indeterminate
Indeterminable
41. If a thing refers to a class, to a genus and cannot be pointed out
with particularity.
A.
B.
C.
D.
Generic
Specific
Determinate
Indeterminable
42. A wife was about to deliver a child. Her parents brought her to
the hospital. Who should pay the expenses for medical attendance?
Answer 1 – The husband, because it is his duty to support his wife and
support includes medical attendance.
Answer 2 – The parents, because they were the persons who brought the
“wife” to the hospital.
A.
B.
C.
D.
Both
Both
Only
Only
answers are correct.
answers are not correct.
the first is correct.
the second is correct.
43. The following are kinds of fruits of an obligation, except
A.
B.
C.
D.
natural
industrial
civil
penal
44. Spontaneous products of the soil and the offspring and other
products of animals
A.
B.
C.
D.
natural
industrial
civil
penal
45. Products of the soil through cultivation or intervention of human
labor.
A.
B.
C.
natural
industrial
civil
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
D.
penal
46. Fruits arising out of contracts- like rental payments.
A.
B.
C.
D.
natural
industrial
civil
penal
47. When does the obligation to deliver arise?
Answer 1 – If there is no term or condition, then from the perfection of
the contract.
Answer 2 – If there is a term or condition, then from the moment the term
arrives or the condition happens.
A.
B.
C.
D.
True; true
True; false
False; true
False; false
48. A is obliged to give B 10 kilos of sugar, which of the following is
not correct?
A.
B.
C.
D.
B can demand that A obtain the sugar and deliver it to him.
B can just buy 10 kilos of sugar and charge the expense to A.
A can insist on just paying B damages or the monetary value of the
sugar.
B may require another person to deliver the sugar and charge the
expenses to A.
49. Where demand by the creditor shall be necessary in order that delay
may exist.
A.
B.
C.
D.
When
When
When
When
time is of the essence of the contract.
demand would be useless.
the obligor has expressly acknowledged that he is in default.
the obligor requested for an extension of time.
50. Debtor’s default in real obligation.
A.
B.
C.
D.
Mora accipiendi
Mora solvendi ex-re
Mora solvendi ex-persona
Compensatio morae
51. Debtor’s default in personal obligation.
A.
B.
C.
D.
Mora accipiendi
Mora solvendi ex-re
Mora solvendi ex-persona
Compensatio morae
52. Default on the part of the creditor
A.
B.
C.
Mora accipiendi
Mora solvendi ex-re
Mora solvendi ex-persona
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
D.
Compensatio morae
53. Default on the part of both parties.
A.
B.
C.
D.
Mora accipiendi
Mora solvendi ex-re
Mora solvendi ex-persona
Compensatio morae
54. A borrowed money from B payable on December 10, 2008. If A failed
to pay on due date, will A be in delay?
A.
B.
C.
D.
Yes, because there is stipulation as regards the due date.
Yes, if the obligation is in writing.
No, because demand has not been made by B.
No, if A has the money to pay B.
55. Damages awarded for mental and physical anguish.
A.
B.
C.
D.
Moral
Exemplary
Nominal
Temperate
56. Damages awarded to vindicate a right.
A.
B.
C.
D.
Liquidated
Actual
Nominal
Exemplary
57. Damages awarded to set an example.
A.
B.
C.
D.
Exemplary
Liquidated
Nominal
Moral
58. When the exact amount of damages cannot be ascertained.
A.
B.
C.
D.
Exemplary
Liquidated
Temperate
Moral
59. Damages determined beforehand.
A.
B.
C.
D.
Temperate
Liquidated
Actual
Moral
60. A obliged himself to deliver to B the following:
1) 2008 Sing-It Yamaha Organ
2) Magalona passenger jeepney with engine No. 69 and chasis No. 88
First Statement-
In case A failed to deliver the 2008 Yamaha Organ,
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
the court may compel A to deliver the 2008 Yamaha Organ
plus damages
Second Statement - In case A failed to deliver the jeepney, the court
may compel A to deliver the jeepney plus damages.
A.
B.
C.
D.
True; true
True; false
False; true
False; false
61. I – If a person obliged to do something fails to do it, the same
shall be executed at his cost.
II - Those who in the performance of their obligations are guilty
of fraud, negligence, or delay and those who in any manner
contravene the tenor threof, are liable for damages.
A.
B.
C.
D.
True; true
True; false
False; true
False; False
62. I - Responsibility arising from fraud is demandable in all
obligations. Any waiver of an action for fraud is void.
II – If the law or contract does not state the diligence which is
to observed in the performance of an obligation, that which is
expected of a father of a good family shall be required.
A.
B.
C.
D.
True; true
True; false
False; true
False; false
63.
I – The receipt of a later installment of a debt without
reservation as to prior installments, shall give rise to a
rebuttable presumption that such installments have been paid.
II – If a taxpayer pays his income tax liability for the current
year, there is a presumption that tax liability for the previous
year has been paid.
A.
B.
C.
D.
True; true
True; false
False; true
False; false
64. With regard to the right as to the fruits of the thing, which is not
correct?
A.
B.
If the obligation is subject
obligation to deliver arises
happens.
If the obligation is subject
obligation to deliver arises
to a suspensive condition, the
from the moment the condition
to a suspensive condition, the
upon the expiration of the term or
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
C.
D.
period.
If there is no condition or term for its fulfillment, the
obligation to deliver arises from the perfection of the contract
or creation of the obligation.
If the obligation arises from the contract of sale, the vendor
has a right to the fruits of the thing from the time the
obligation to deliver arises.
65. A is obliged to deliver his only car to B on November 20, 2009. If
A does not deliver, and on November 22, 2009, a typhoon destroys
the car.
A.
B.
C.
D.
A is not liable because the obligation is extinguished.
A is liable because he is in delay.
A and B will divide the loss equally.
A’s obligation is converted into a monetary obligation.
66. I – When what is to be delivered is a determinate thing, the
creditor may compel the debtor to make the delivery and if the
debtor refuses, the creditor may ask that the obligation be
complied with at the expense of the debtor.
II – The obligation to give a determinate thing includes that of
delivering all its accessions and accessories, even though they
may not have been mentioned.
A.
B.
C.
D.
True; true
True; false
False; true
False; false
67. What is the basis of the liability of a school when a student is
stabbed inside the campus by a stranger in the school?
A.
B.
C.
D.
Contract
Quasi-contract
Delicts
Quasi-delicts
68. The following except one, are included in civil liability. The
exception is
A.
B.
C.
D.
Restitution
Reparation
Indemnification
Starvation
69. The thing itself shall be restored, as a rule
A.
B.
Restitution
Reparation
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
C.
D.
Indemnification
Starvation
70. The court determines the amount of damage taking into consideration
the price of the thing and its sentimental value to the injured
person.
A.
B.
C.
D.
Restitution
Reparation
Indemnification
Starvation
71. The consequential damages suffered by the injured person and those
suffered by his family or third person by reason of the act.
A.
B.
C.
D.
Restitution
Reparation
Indemnification
Starvation
72. Action to impugn or rescind acts or contracts done by the debtor to
defraud the creditors.
A.
B.
C.
D.
Accion
Accion
Accion
Accion
reinvindicatoria
pauliana
subrogatoria
quanti-minoris
73. A borrower agreed, that in case of non-payment of his debt, to
render services as a servant. Which of the following is not
correct?
A.
B.
C.
D.
If the services will be rendered in satisfaction of the debt, the
stipulation is valid.
If the services will be “for free”, the stipulation is void
for being contrary to law and morals.
If the services will not be gratuitous, specific performance of
the service will be the proper remedy in case of non-compliance.
Should there be a valid stipulation as regards the rendition
of services, an action for damages should be brought in case
of non-compliance.
74. A ordered B, a 10 year old boy to climb a high and slippery mango
tree with a promise to give him part of the fruits. B was
seriously injured when he fell while climbing the tree. Is A
liable?
First Answer - No, because no person shall be responsible for
fortuitous events.
Second Answer – Yes, because A is negligent in making the order
without taking due care to avoid a reasonable
foreseeable injury to B.
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
A.
B.
C.
D.
True; true
True; false
False; true
False; false
75. A pays for B’s transportation fare, without B’s knowledge and
later discovers that B was entitled to half-fare. Which is not
correct?
A.
B.
C.
D.
A
A
A
A
can
can
can
can
recover
recover
recover
recover
the half-fare from B.
the half-fare from the carrier.
the ½ from B and ½ from the carrier.
half-fare from B only.
76. A borrowed P100,000 from B. the loan was secured by a mortgage of A’s
land in favor of
B. Without the knowledge of A, C paid B the sum of P100,000 for A’s
debt. As a result
A.
B.
C.
D.
C may foreclose the mortgage on A’s land if A cannot pay.
C cannot claim reimbursement from A in as much as the payment was
made without the knowledge of B.
C can recover the amount from B in case A refuses to reimburse C.
The obligation of A to B was extinguished but A should reimburse
C the amount of P100,000 because he was benefited by the payment.
77. When the debtor of a debtor is ordered not to pay the latter so
that preference would be given to the latter’s creditor.
A.
B.
C.
D.
Garnishment
Interpleader
Injunction
Attachment
78. A obtained a loan from B bank. The loan was embodied in several
promissory notes. As security the borrower executed a chattel
mortgage on his standing crops. Said crops were however
subsequently destroyed by typhoon “Rosing”. Is A still liable for
the loan despite the destruction of the crops by a fortuitous
event?
1st Answer - Yes, the obligation of A was to deliver a generic thing –
money.
2nd Answer – No, the obligation was to deliver determinate things – the
standing crops.
A.
B.
C.
D.
True; true
True; false
False; true
False; false
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
79. A sold a half-interest in his specific car to B. It was agreed
that the price to be paid by B would be used in installing a new
engine on the car. Later, the car was destroyed by a fortuitous
event. Is B’s obligation to pay the price extinguished?
1st Answer - Yes, there is no more use of installing a new engine since
the car has already been destroyed by a fortuitous event.
2nd Answer – No, B must still pay because his obligation to pay in
generic.
A.
B.
C.
D.
True; true
True; false
False; true
False; false
80. I – A commits the crime of theft and is asked to return the car to
its owner B. If, before the car is delivered to B it is
destroyed by a fortuitous event, Is A’s liability extinguished?
II – Using above statement, A had previously asked the owner to
accept the car, but the owner without any justifiable reason
refuses to accept the car, and it is destroyed by a fortuitous
event, Is A’s liability extinguished?
A.
B.
C.
D.
Yes; Yes
No; Yes
Yes; No
No; No
81. I - There is no delay in an obligation not to do something.
II – Solutio indebiti and negotiorum gestio are implied contracts.
A.
B.
C.
D.
True; true
True; false
False; true
False; false
82. I - Consent of the parties is required in quasi-contract.
II – The creditor acquires real rights over the thing from the time
the obligation to deliver arises.
A.
B.
C.
D.
True; true
True; false
False; true
False; false
83. The creditor has a right to the fruits of the thing from the time
A.
B.
The thing is delivered.
The fruits are delivered.
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
C.
D.
The obligation to deliver the thing arises.
The sale is perfected.
84. The buyer has a right to the fruits of the thing from the time
A.
B.
C.
D.
The
The
The
The
thing is delivered.
fruits are delivered.
obligation to deliver the thing arises.
sale is perfected.
85. Which is not considered as quasi-contract?
A.
B.
C.
D.
Solutio indebiti
Negotiorum gestio
When the third person with the knowledge of the debtor, pays the
debt.
Reimbursement due the person who saved property during fire or
typhoon without the knowledge of the owner.
86. No longer enforceable by court action but is binding on the
party who oblige with it in conscience is
A.
B.
C.
D.
Civil obligation
Natural obligation
Moral Obligation
Conditional obligation
87. If A pays a debt that has prescribed
1. Not knowing it has prescribed, A can recover on the ground of
undue payment.
2. Knowing it has prescribed, A cannot recover for this would
be a case of natural obligation.
A.
B.
C.
D.
Both
Only
Only
Both
1
1
2
1
and 2 are true
is true
is true
and 2 are false
88. On June 24, 2009 A is obliged to give B his specific car. There
was no delivery until June 30 when the garage of the car collapsed
due to heavy rain and strong winds of Typhoon Ondoy, and the car
was totally destroyed. Is A still liable?
A.
B.
C.
D.
No, even if A was in default, he could plead impossibility of
performance.]
Yes, because the contract is perfected.
No, because there was no demand by B to deliver the car.
Yes, the obligation to deliver the car is changed to pay the
equivalent value because B is in legal delay.
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
89. This obligation is demandable at once when it
A.
B.
C.
D.
has a resolutory condition.
has a suspensive condition
is with a term ex-die
has a period.
90. When the debtor binds himself to pay when his means permit him to
do so, the obligation shall be deemed to be with a
A.
B.
C.
D.
Resolutory period
Suspensive condition
Potestative Condition
Period
91. A promise to give B his Volvo car if B passes the CPA Board Exams.
Pending the results of the exams, the car is destroyed by a fortuitous
event without any fault on the part of A, As a result
A.
B.
C.
D.
The obligation
The obligation
The obligation
A will have to
of A
of A
of A
give
is extinguished.
is converted into monetary obligation.
will equitably reduced.
B another car of equivalent value.
92. A period with a suspensive effect.
A.
B.
C.
D.
I
I
I
I
will
will
will
will
support
support
support
support
you
you
you
you
beginning January 1 of next year.
until January 1 of next year.
if A dies of TB.
if A marries B
93. A period with a resolutory effect.
A.
B.
C.
D.
I
I
I
I
will
will
will
will
support
support
support
support
you
you
you
you
beginning January 1 of next year.
until A dies.
if A dies.
if A dies of TB
94. The obligation begins only from a day certain or upon the arrival of
said period.
A.
B.
C.
D.
Ex die
In diem
Conditional
With a Period
95. The obligation remains valid up to a time certain but terminates
upon the arrival of said period.
A.
B.
With a period
Conditional
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
C.
D.
Ex die
In diem
96. Anything paid or delivered before the arrival of the period, the
obligor being unaware of the period or believing that the
obligation has become due and demandable.
A.
B.
C.
D.
May
May
May
May
be recovered without interests.
be recovered with interests.
be recovered with fruits and interests.
not be recovered.
97. Whenever in an obligation a period is designated, it is presumed
to have been established for the benefit
A.
B.
C.
D.
Of
Of
Of
Of
both the creditor and debtor
the creditor only
the debtor only
the third persons
98. This is a valid obligation.
A.
B.
C.
D.
A
A
A
A
will
will
will
will
give
give
give
give
B
B
B
B
P100,000 if B will kill C.
P1,000,000 if B will agree to be the mistress of A.
P100,000 if B can make C rise from the dead.
P1,000 if B will not pose nude in a painting session.
99. Where two or more prestations have been agreed upon but only one is
due, the obligation is
A.
B.
C.
D.
Alternative
Facultative
Conjoint
Solidary
100. Using the preceding number, the right of choice, belongs
A.
B.
C.
D.
To
To
To
To
the debtor
the creditor
both the creditor and debtor
third person
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
II. CONTRACTS
1.
These are elements of a contract which are derived from the nature of
the contract and ordinarily accompany the same.
A. Natural
B. Special
C. Essential
D. Accidental
2.
It is a contract where each of the parties acquires an equivalent of
his prestation and such equivalent is pecuniarily appreciable and
already determined from the moment of the celebration of the
contract.
A. Aleatory
B. Commutative
C. Nominate
D. Innominate
3.
It refers to the principle that once a contract is perfected, it shall
be of obligatory force upon both of the contracting parties
A. Obligatory force
B. Mutuality
C. Autonomy
D. Relativity
4.
It refers to the principle that the contracting parties are free to
enter into a contract and to establish such stipulations, clauses,
terms, and conditions as they may deem convenient.
A. Obligatory force
B. Mutuality
C. Autonomy
D. Relativity
5.
It refers to the essential equality of the contracting parties whereby
the contract must bind both of them
A. Mutuality
B. Obligatory force
C. Autonomy
D. Relativity
6.
It refers to the principle that the contract takes effect only
between the parties, their assigns and heirs.
A. Obligatory force
B. Autonomy
C. Relativity
D. Mutuality
7.
It is a stipulation in a contract, clearly and deliberately
conferred by the contracting parties as a favor upon a third person,
who must communicate his acceptance of the favor or benefit to the
obligor before it could be revoked.
A. Contract of adhesion
B. Stipulation pour autrui
C. Stipulation au pair
D. Contra bonos mores
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
8.
In an offer to sell, parties failed to agree on the size of the land
to be sold. Is there a meeting of the minds of the parties that would
perfect a contract?
A. There is no consent that would perfect a contract as there is no
agreement on the exact area to be sold.
B. There is consent because the land is still identified.
C. There is consent because there is agreement to sell and to buy.
D. The information given is insufficient to answer the question.
9.
A contract of adhesion is generally:
A. Void
B. Unenforceable
C. Voidable
D. Valid
10.
A.
B.
C.
D.
Under this theory, a contract is perfected from the moment the
acceptance is declared or made.
Expedition Theory
Manifestation Theory
Reception Theory
Cognition Theory
In the Philippines, which theory on perfection of contracts is
followed?
A. Cognition Theory
B. Expedition Theory
C. Reception Theory
D. Manifestation Theory
11.
On March 5, 1956, A wrote a letter to B offering him the lease of a
building. On March 6, 1956, at 1:00PM, B sent a letter of acceptance
which was received by A at 4:00PM that day. But at 2:00PM, A had
already sent B a letter of withdrawal of the offer which was received
by B at 5:00PM. When was the contract perfected
A. At 1:00PM
B. At 2:00PM
C. At 4:00PM
D. The contract has not been perfected
12.
What is the effect of the death, civil interdiction, insanity, or
insolvency of the either the offeror or offeree before acceptance is
conveyed?
A. The offer becomes ineffective.
B. The offer is still effective.
C. As against the offeror only, the offer becomes ineffective.
D. As against the offeree only, the offer becomes ineffective.
13.
14.A
15.A
contract entered into by a minor who misrepresents his age is:
A. Void
B. Valid
C. Voidable
D. Unenforceable
contract entered into by and between two deaf-mutes is:
Void
Valid
Voidable
A.
B.
C.
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
D.
Unenforceable
16.A
contract entered into by and between two persons of who both insane
is:
A. Valid
B. Void
C. Voidable
D. Unenforceable
If a person prohibited to enter into a contract, enters into a
contract, such contract is:
A. Void
B. Valid
C. Voidable
D. Unenforceable
17.
18.What is the difference between a mistake of
A. A mistake of law vitiates consent which
fact and a mistake of law?
renders a contract
voidable; while a mistake of fact does not render a contract
voidable.
B. Both mistakes of fact and of law render a contract voidable.
C. Both mistakes of fact and of law do not render a contract voidable.
D. A mistake of fact vitiates consent which renders a contract
voidable; while a mistake of law does not render a contract
voidable.
Is there any exception to the rule that a mistake of law cannot
vitiate consent rendering the contract voidable?
A. Mistake as to the object of the contract (error in re)
B. Mistake as to person (error in persona)
C. Mutual error as to the legal effect of an agreement when the
real purpose of the parties is frustrated, may vitiate consent.
D. There is no exception.
19.
20.When is an
A. Simple
B. When a
instrument not capable of reformation?
donations inter vivos wherein no condition is imposed
mutual mistake of the parties causes the failure of the
instrument to disclose their real agreement.
C. 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.
D. When one party was mistaken and the other knew or believed that
the instrument did not state their real agreement, but
concealed the fact from the former.
21.When is an instrument not capable of
A. When through the ignorance, lack
reformation?
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.
B. Wills
C. If 2 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.
D. Where the real agreement is voidable.
22.Where shall the action for reformation of instrument
A. Ordinary action for declaratory relief
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
be instituted?
B.
C.
D.
Ordinary action for reformation of instrument
Ordinary action for quo warranto
Special civil action for declaratory relief
X, of age, entered into a contract with Y, a minor. X knew and the
contract specifically stated the age of Y. May X successfully demand
annulment of the contract?
A. No, the party who has capacity cannot allege the incapacity
of the party with whom he contracted.
B. No, the annulment will prejudice the interests of the minor.
C. Yes, since Y is a minor, the contract is voidable.
D. Yes, as long as Y Joins X in asking for annulment.
23.
A and B entered into a verbal contract whereby A agreed to sell to
B his only parcel of land for P10,000 and B agreed to buy at the
aforementioned price. B went to the bank, withdrew the same amount
and returned to A for the consummation of the contract. A, however,
had changed his mind and refused to go through with the sale. Will an
action by B against A for specific performance prosper?
A. No, A and B must seek to resolve the dispute first before going to
the court.
B. Yes, because B already withdrew the money from the bank.
C. No, it is not evidenced by anything in writing properly signed by
A.
D. Yes, A has already agreed with B which made the agreement binding
to both parties.
24.
Under this principle, when the defect of a void contract consists
in the illegality of the cause or object of the contract, and both of
the parties are at fault, the law refuses them every remedy and leaves
them where they are.
A. In pari delicto
B. Contra bonos mores
C. Caso fortuito
D. Res ipsa loquitur
25.
26.What is an example of a natural
A. Warranty against eviction
B. Form
C. Consent
D. Consideration
element of a contract?
The limitations upon the right of the contracting parties to
establish such stipulations, clauses, terms, and conditions as they
may deem convenient are:
A. Law, morals, good customs, and public order only
B. Law, morals, and good customs only
C. Law, morals, and public order only
D. Law, morals, good customs, public order, and public policy
27.
Under this theory, a contract is perfected from the moment the
acceptance comes to the knowledge of the offeror.
A. Reception Theory
B. Cognition Theory
C. Expedition Theory
D. Manifestation Theory
28.
29.
A contract entered into by an incapacitated person is
A. Void
B. Voidable
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
C.
D.
Valid
Unenforceable
It means that the object should be susceptible of
appropriation and transmissible from one person to another.
A. The object is real or possible.
B. The object is licit.
C. The object is within the commerce of men.
D. The object is determinate, or at least, possible of determination,
as to its kind.
30.
If parties enter into a contract with respect to things outside
the commerce of men, the contract is:
A. Void
B. Voidable
C. Valid
D. Unenforceable
31.
It refers to the doctrine that “When the true intention of the
parties to a perfected and valid contract are not expressed in the
instrument purporting to embody their agreement, by reason of
mistake, fraud, inequitable conduct or accident, one of the parties
may ask for the reformation of the instrument so that such true
intention may be expressed.
A. Doctrine of interpretation of instruments
B. Doctrine of resolution of instruments
C. Doctrine of reformation of instruments
D. Doctrine of expression of instruments
32.
It is a remedy granted by law to the contracting parties, and even
to third persons, to secure the reparation of damages caused to them
by a contract, even if the same should be valid, by means of the
restoration of things to their condition prior to the celebration of
the contract.
a. Recission
b. Annulment
c. Reformation
d. Declaratory Relief
33.
34.How is rescission
A. In rescission,
different from resolution?
the action may be instituted not only by a
party to the contract but even by third persons; whereas in
resolution, the action may be instituted only by a party to
the contract.
B. In rescission, the only ground is failure of one of the
parties to comply with what is incumbent upon him; whereas in
resolution, several grounds are lesion, fraud and others
expressly specified by law.
C. In rescission, the law expressly declares that courts shall have
the discretionary power to grant an extension for performance
provided that there is a just cause; whereas in resolution, the
court has no power to grant an extension of time for the
performance of the obligation so long as there is ground for
resolution.
D. In rescission, only reciprocal contracts may be rescinded; whereas
in resolution, any contract, whether unilateral or reciprocal may
be resolved.
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
What is the nature of an action for rescission?
A. Primary
B. Secondary
C. Subsidiary
D. Ordinary
35.
36.When should an action
A. Within 4 years
B. Within 6 years
C. Within 5 years
D. Within 10 years
for rescission be filed?
37.What
is the period of prescription for an action for annulment of a
voidable contract?
A. 4 years
B. 5 years
C. 6 years
D. 10 years
It refers to the act or means by virtue of which efficacy is given
to a contract which suffers from a vice of curable nullity.
A. Resolution
B. Prescription
C. Annulment
D. Ratification
38.
Marky, husband of Kwenie, sold paraphernal property in her name
without her consent. The sale is:
A. Valid
B. Void
C. Voidable
D. Unenforceable
39.
A and B entered into a verbal contract whereby A agreed to sell to B
his only parcel of land for P10,000 and B agreed to buy at the
aforementioned price. B went to the bank, withdrew the same amount and
returned to A for the consummation of the contract. A, however, had
changed his mind and refused to go through with the sale. The agreement
to sell the land to B
A. Void
B. Valid
C. Voidable
D. Unenforceable
40.
A owes B P10,000 due on March 10, 2010. A owes B P8,000 due on
March 11, 2010. A obliged himself to deliver to B a cow valued at
P6,000 on March 12, 2010. On March 13, 2010, a paid B P10,000. If A
makes an application of payment,
41.
A.
B.
C.
D.
42.
The P10,000 should be applied to the first debt only
The P10,000 should be applied to the second debt only
The P10,000 may be applied either to the first debt or second debt
The P10,000 may be applied to the first debt, or to the second debt
or to the third debt
The conception of a contract is when
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
A.
B.
C.
D.
When
When
When
When
there is meeting of the minds
negotiations are in progress
the contract is executed
the parties come to an agreement
If mistake, fraud, accident or inequitable conduct has prevented a
meeting of the minds of the parties to a contract, the proper remedy
is
43.
A.
B.
C.
D.
Ratify the contract
Ask for a specific performance
Annulment of the contract
Reformation of the contract
A sold his land to B. The sale was made orally. B paid the agree
price. B wanted to have the sale registered but he needs a public
instrument. Which is correct?
44.
A.
B may sue A for the return of his money as no one shall be
unjustly enriched at the expense of another.
B cannot demand the return of the purchase price because the sale
is unenforceable.
B may compel A to execute the public instrument because the sale is
valid.
B may only occupy and use the land as buyer in good faith
B.
C.
D.
Acceptance of an offer made by letter or telegram shall bind the
offeror. From the time the
45.
A.
B.
C.
D.
Offeree accepted the offer
Offeree sent his letter or telegram
Acceptance came to the knowledge of the offeror
Offeror made the offer
A contract where consent is given through mistake, violence,
intimidation, undue influence or fraud is
46.
A.
B.
C.
D.
Rescissible
Voidable
Unenforceable
Void
The mortgagor will execute an instrument to transfer the ownership
over the property mortgaged to the mortgagee if the debt is not paid at
maturity is
47.
A.
B.
C.
D.
Void
Voidable
Valid
Unenforceable
A, B and C are jointly liable to D in the amount of P9,000. D
assigns the entire credit to A. In this case
48.
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
A.
B.
C.
D.
The obligation is extinguished because of confusion
B and C will not be liable to A
a becomes the new creditor and may demand from B and C P4,500 each
A’s share in the obligation is extinguished because of confusion.
One is not a requisite needed in order that obligation shall
be extinguished by loss or destruction of the thing due:
49.
A.
B.
C.
D.
When
When
When
When
the
the
the
the
thing
thing
thing
thing
is lost
lost is
is lost
lost is
without the fault of the debtor
generic
before the debtor has incurred in delay.
specific
The obligation is demandable on the date of the obligation and
shall continue to be in force up to the arrival of the day certain:
50.
A.
B.
C.
D.
Resolutory period
Suspensive period
Indefinite period
Legal period
---GOD BLESS---
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
I.
OBLIGATIONS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
D
D
A
A
D
A
A
A
C
B
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
A
B
D
A
D
B
A
B
D
A
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
B
B
B
C
D
D
B
B
B
D
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
A
A
A
A
A
B
C
D
A
B
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
A
C
D
A
B
C
B
C
D
B
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
C
A
D
C
A
C
A
C
B
A
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
A
D
B
D
A
C
A
D
A
B
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
C
B
C
C
D
D
A
B
C
B
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
B
D
C
C
C
B
A
C
A
D
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
A
A
B
A
D
C
A
D
A
A
A
C
A
A
C
A
A
D
D
B
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
C
B
C
C
C
B
C
B
B
A
II.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
A
C
A
B
A
C
A
A
D
C
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
A
D
A
B
B
D
A
D
C
A
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
CONTRACTS:
B
D
A
C
A
A
D
B
B
C
Strictly for BSA 1M, BSA 1O & BSAIS 1A only
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.