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WorksheetsOBLICON
Total questions: 20
Worksheet time: 9mins
Obligations may arise from any of the following, except:
contracts
quasi-contracts
law
prestation
Unless the law or the stipulations of the parties require another standard of care, every person obliged to give something is also obliged to take care of it with:
extra-ordinary diligence
diligence of a father of a good family
diligence of a good father of a family
good diligence of a father of a family
It is a thing that is particularly designated or physically segregated from all others of the same class
Generic thing
Indeterminate thing
Determinate thing
Real thing
D is obliged to give C a specific car if C passes the CPA Licensure Examination. D's obligation is an example of:
a pure obligation
an obligation with a suspensive condition
an obligation with a resolutory condition
an obligation with a period
Whenever a period is designated in an obligation, the said period shall be presumed to have been established for the benefit of:
the debtor
the creditor
both the debtor and the creditor
neither of the parties
A, B, C and D, solidary debtors, are obliged to give V, W, X, Y and Z, solidary creditors, P20,000.
V may collect from D P20,000.
V may collect from D P4,000.
V may collect from D P5,000.
V may collect from D P1,000.
D owes C P10,000.00 with G as guarantor. C, on the other hand, owes D, P8,000.00. Both debts are already due but D is insolvent. In this case-
C may collect from G P10,000.00
C may collect from G P2,000.00 because a guarantor can set up compensation as regards what the creditor owes the principal debtor.
C may collect nothing from G because D is insolvent
C may collect P8,000.00 from G.
D obliged himself to give 5 grams of "shabu" to C. Later, the parties agreed that D would instead give to C 5 sacks of rice. Which of the following statements is correct?
The novation is void because the original obligation is void. Hence C cannot demand the delivery of 5 sacks of rice from D.
The novation is valid because the new obligation is valid. Hence, C can demand the delivery of 5 sacks of rice to D.
The original obligation although void is validated by the new obligation. Hence, C can demand the delivery of 5 sacks of rice to D.
The new obligation is only voidable because D had not yet performed the original obligation at the time of the novation. Accordingly, the new obligation is binding and C may demand the delivery of 5 sacks of rice from D until the new obligation is annulled by a proper action in court.
Anna Almeda, Belinda Bersola and Claudia Cabrera executed the following promissory note:
"I promise to pay Dolores Dominguez or order the sum of P30,000 on June 30, 2015.
(Sgd) Anna Almeda
(Sgd) Belinda Bersola
(Sgd) Claudia Cabrera "
On June 30, 2015, Dolores Dominguez can collect from Anna Almeda:
P10,000.00
P30,000.00
P20,000.00
Nothing, because the note is void since it says "I promise" but was signed by three persons
S sold 100 bottles of imported "Fundador" brandy to B who paid immediately the price thereof amounting to P20,000.00. S promised to deliver the brandy to B within one week from their agreement. On the agreed date of delivery, S delivered to B 100 bottles of fake "Fundador" brandy. The contract between S and B is:
voidable
void
valid
recissible
A meeting of minds between two persons whereby one binds himself with respect to the other to give something or to render some service is known as:
obligation
consent
contract
stipulation
A real contract has the following elements:
Consent of the contracting parties, object certain and cause or consideration
Consent of the contracting parties, object certain and cause or consideration and delivery of the object
Consent of the contracting parties, object certain and cause or consideration and formalities required by law
Consent of the contracting parties, object certain and delivery of the object and formalities required by law
Contracts take effect only between the contracting parties, their assigns and heirs, except in cases where the obligations and rights arising from the contract are not transmissible by their nature or by stipulation or provision of law. This principle of contract is known as:
relativity of contract
mutuality of contract
obligatory force of contract
liberty of contract
It is present when one of the contracting parties is compelled by a reasonable and well grounded fear of an imminent and grave evil upon his person or property or upon the person or property of his spouse, descendants, and ascendants, to give his consent.
Violence
Physical Coercion
Intimidation
Mistake
Fraud exists in three of the following. Which is the exception?
When through the insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which without them, he would not have agreed to.
When there is failure to disclose facts, when there is duty to reveal them, a when the parties are bound by confidential relations.
When there is an expression of an opinion by an expert which turned out to be wrong, and the other party relied upon expert knowledge.
When the misrepresentation refers to the usual exaggerations in trade, and the other party had an opportunity to know the facts.
A died leaving properties estimated at P1,000,000.00 to his sons S and T. Subsequently, S sold one-half of his inheritance to X for P300,000.00, although his share was still to be delivered.
The contract is valid since the inheritance is an existing inheritance.
The contract is void because what S sold is future inheritance which may not be the object of a contract as a rule.
The contract is rescissible.
The contract is unenforceable.
The following contracts are rescissible, except:
Those entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object of the contract
Those entered into in representation of absentees, if the latter suffer lesion by more than one-fourth of the value of the things which are the object of the contract
Those undertaken in fraud of creditors but the latter can still collect the claims due them through other means.
Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority.
The following contracts are voidable, except:
contracts entered into during a state of drunkenness or hypnotic spell
contracts entered into during a lucid interval
contracts where one of the parties is incapable of giving consent
contracts where the consent of one party is vitiated by violence, intimidation, mistake, fraud or undue influence.
Under the Statute of Frauds, certain contracts must be in writing to be enforceable. One of the following contracts is enforceable although not in writing. Which is it?
Sale of movables at a price of not less than P500.00
A representation as to credit of a third person.
An agreement made in consideration of marriage other than mutual promise to marry.
An agreement for the leasing for a longer period than one year of a personal property.
If illegal contract between the parties is a criminal offense but only one party is guilty, such illegal contract shall produce the following effects, except:
the guilty party will be criminally prosecuted
neither party may compel the other to comply with his undertaking
the instruments shall be confiscated in favor of the government
the innocent party cannot recover what he has given
