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BLW01-Midterm Exam

Total questions: 50

Worksheet time: 23mins

Name
Class
Date
1.

Which DOES NOT correctly complete the sentence?

"An obligation is a juridical necessity...."

a)

to give

b)

to do

c)

not to give

d)

not to do

2.

It is the juridical necessity to give, to do, or not to do.

a)

Vinculum Juris

b)

Contract

c)

Agreement

d)

Obligation

3.

It is the juridical relation resulting from lawful, voluntary, and unilateral acts by virtue of which the parties become bound to each other to the end that no one shall be unjustly enriched or benefited at the expense of another.

a)

Vinculum Juris

b)

Quasi-Contract

c)

Contract

d)

Obligation

4.

This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake.

a)

Solutio Indebiti

b)

Negotiorum Gestio

c)

Prestation

d)

Juridical Tie

5.

Which of the following is NOT a source of obligation?

a)

Law

b)

Contracts

c)

Quasi-Delict

d)

None

6.

The obligation to give is also called:

a)

Real Right

b)

Real Obligation

c)

Personal Right

d)

Personal Obligation

7.

A right which is binding/directed against the whole world.

a)

Real Right

b)

Personal Right

c)

Real Obligation

d)

Personal Obligation

8.

The following are the elements of Obligation, except:

a)

Parties

b)

Prestation

c)

Consent

d)

Juridical Tie

9.

Any rule of action or any system of uniformity, not only activities of men but also movements or motions of all objects of creation in general.

a)

Natural Law

b)

State Law

c)

Law

d)

none

10.

A classification of law which create, define and regulate right and duties of the people.

a)

Private Law

b)

Substantive Law

c)

Public Law

d)

Remedial Law

11.

He who has the duty or is bound to the fulfillment of the obligation.

a)

Debtor

b)

Creditor

c)

Obligee

d)

None

12.

Acts or omissions punishable by laws are called:

a)

Quasi-Delicts

b)

Fraud

c)

Mistake

d)

Crimes/Delicts

13.

The meeting of minds between two persons whereby one binds himself, with respect to another, to give something or to render some services.

a)

Contract

b)

Quasi-Contract

c)

Delict

d)

Quasi-Delict

14.

The ordinary or default standard of care.

a)

Proper negligence of a good father of a family

b)

Proper negligence of a good grandfather of a family

c)

Proper diligence of a good mother of a family

d)

Proper diligence of a good father of a family

15.

An example of specific/determinate thing..

a)

a 1995 Toyota car

b)

a police black dog

c)

this cavan of rice

d)

none

16.

An example of generic/indeterminate thing..

a)

that 1995 Toyota car

b)

a police black dog

c)

this cavan of rice

d)

none

17.

This fruits are the products of soil, young and other products of animals.

a)

Natural Fruits

b)

Industrial Fruits

c)

Civil Fruits

d)

none

18.

Unauthorized management: This takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority.

a)

Negotiorom gistio

b)

Negotiorum gestio

c)

Solutio Indebiti

d)

Solutiu Indibeti

19.

Default on part of creditor; Creditor is guilty of default when he unjustifiably refuses to accept payment or performance at the time payment/performance can be done.

a)

Mora accipiendi

b)

Mora solvendi

c)

Compensatio morae

d)

Solutio Indebiti

20.

General Rule – no liability for fortuitous event. Which is NOT an exception to the said General Rule?

a)

when declared by law

b)

when nature of obligation requires assumption of risk

c)

when declared by stipulation

d)

none

21.

Fruits which resulted from one’s work/industry/labor/effort or those produced by land of any kind of cultivation.

a)

Industrial Fruits

b)

Natural Fruits

c)

Civil Fruits

d)

none

22.

The right which is binding/enforceable only against a particular person.

a)

Real Right

b)

Real Obligation

c)

Personal Right

d)

Personal Obligation

23.

Events which could not be foreseen, or which though foreseen were inevitable.

a)

Period

b)

Delay

c)

Condition

d)

Fortuitous Events

24.

What is Personal Obligation?

a)

Obligation to do

b)

Obligation to render some services

c)

Obligation not to do

d)

All

25.

Liability arising from negligence may be regulated by the (a)   according to the circumstances.

26.

As a general rule, in order to incur delay, judicial or extra-judicial (a)   is necessary.

27.

The remedy of a creditor under Article 1170 is an action for (a)   if the debtor is guilty of fraud, negligence, delay or contravention of tenor.

28.

Acts or omission by a person which cause damage to another in his person, property or rights giving rise to an obligation to pay for the damages done, there being fault or negligence but no pre-existing contract.

a)

Quasi-Contract

b)

Quasi-Delict

c)

Crime

d)

Law

29.

Contracts have the force of law between the contracting parties and should be complied in _______ _______.

(a)  

30.

A body of rules which deals with the nature and sources of obligations, and the rights and duties arising from agreements and particular contracts.

a)

Constitution

b)

Law on Obligations and Contracts

c)

Civil Code of the Philippines

d)

Law on Negotiable Instruments

31.

An obligation which is free from any condition and there is no period of fulfillment, thus it is immediately demandable.

a)

Pure Obligation

b)

Conditional Obligation

c)

Alternative Obligation

d)

Facultative Obligation

32.

It is a future and uncertain event which can draw the effectivity or extinguishment of an obligation.

a)

Period

b)

Fortuitous Event

c)

Condition

d)

Penal Clause

33.

An obligation where its fulfillment is upon the condition stipulated.

a)

Obligation with a Period

b)

Conditional Obligation

c)

Alternative Obligation

d)

Obligation with a Penal Clause

34.

It is a kind of obligation wherein its performance is subject to a term or period, and can only be demandable when that period expires.

a)

Obligation with a Penal Clause

b)

Obligation with a Period

c)

Joint Obligation

d)

Solidary Obligation

35.

It is 'a day certain' which must necessarily come, although it may not be known when.

a)

Condition

b)

Demand

c)

Period

d)

Event

36.

In this kind of obligation, the obligor is bound to render only one of two or more items of performance.

a)

Alternative Obligation

b)

Facultative Obligation

c)

Joint Obligation

d)

Solidary Obligation

37.

Refers to a type of obligation where one thing is due, but another is paid in its place. The debtor is given the right to substitute the thing due with another that is not due.

a)

Alternative Obligation

b)

Facultative Obligation

c)

Joint Obligation

d)

Solidary Obligation

38.

Where the whole obligation is to be paid or fulfilled proportionately by the different debtors and demanded proportionately by the different creditors.

a)

Alternative Obligation

b)

Facultative Obligation

c)

Joint Obligation

d)

Solidary Obligation

39.

In this obligation, each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation.

a)

Alternative Obligation

b)

Facultative Obligation

c)

Joint Obligation

d)

Solidary Obligation

40.

An obligation is (a)   when the object of the performance is susceptible of division.

41.

An obligation is (a)   when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division.

42.

It is another obligation attached to the principal one, requiring the payment or performance of something, or simply, requiring a greater responsibility, in case of noncompliance in order to assure performance or to deter nonperformance.

a)

Condition

b)

Period

c)

Penal Clause

d)

Prestation

43.

These are fruits/things that must go together with the principal thing.

a)

Civil Fruits

b)

Accessories

c)

Natural Fruits

d)

Accessions

44.

These fruits/things are for embellishment or better use of the principal thing.

a)

Accessions

b)

Accessories

c)

Natural Fruits

d)

Civil Fruits

45.

Delay on the part of the debtor.

a)

Mora Solvendi

b)

Mora Accipiendi

c)

Compensatio Morae

d)

Mora

46.

Delay on the part of both parties

a)

Solutio Indebiti

b)

Mora Solvendi

c)

Mora Accipiendi

d)

Compensatio Morae

47.

The legal maxim for contractual negligence

a)

Culpa Aquilina

b)

Culpa Criminal

c)

Culpa Contractual

d)

Tort

48.

The legal maxim for civil negligence arising from tort/quasi delict.

a)

Culpa Contractual

b)

Culpa Aquiliana

c)

Culpa Criminal

d)

Tortuous Delitos

49.

The legal maxim for criminal negligence.

a)

Culpa Aquiliana

b)

Culpa Criminal

c)

Culpa Contractual

d)

Tortuous Delitos

50.

Obligations are transmissible, rights are not.

a)

True

b)

False

c)

Maybe

d)

I don't know