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FINAL EXAM (CONTRACTS)

Total questions: 65

Worksheet time: 32mins

Name
Class
Date
1.

A contract where both parties are required to render reciprocal prestations, are known as:

a)

Bilateral contract

b)

Unilateral contract

c)

Gratuitous contract

d)

Commutative contract

2.

Contracts take effect only between the contracting parties, their assigns and heirs except in cases where obligations and rights arising from the contracts are not transmissible by their nature, or by stipulation or by provision of law. This principle is known as:

a)

Relativity of contracts

b)

Mutuality of contracts i. The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. (Art. 1308)

c)

Obligatory force of contracts i. Obligations arising from contracts have the force of law between the contracting paties and should be complied with in good faith. (Art. 1159)

d)

Liberty of contracts

3.

One of the following is not a real contract:

a)

Pledge

b)

Commodatum

c)

Lease i. The contract of lease may be of things or of work and service. (Art. 1642)

d)

Mutuum

4.

On May 1, 2002, S offered to sell a specific car to B for P500,000.00. B sent his letter of acceptance to S on May 8, 2002. On May 10, 2002, however, S died in a vehicular accident and his secretary received the letter or acceptance on May 12, 2002 unaware that S had already died.

a)

The contract was perfected on May 8, 2002 when B sent his letter of acceptance.

b)

The contract was perfected on May 12, 2002 when the secretary of S received the letter.

c)

The contract was not perfected because the offer of S became ineffective when he died.

d)

The contract was perfected on May 1, 2002 because the acceptance made by B on May 8, 2002 retroacts to the date of the offer.

5.

Mistake in three of the following will make a contract voidable. Which one will not?

a)

Mistake as to the substance of the thing which is the object of the contract

b)

Mistake as to the principal conditions which principally moved one or both parties to enter into the contract.

c)

Mistake as to the identity or qualifications of one of the parties, where identity or qualifications have been the principal cause of the contract.

d)

Simple mistake of account.

6.

It is the employment of serious or irresistible force to obtain consent.

a)

intimidation

b)

threat

c)

violence

d)

moral coercion

7.

It is present when one of the contracting parties is compelled by a reasonable and wellgrounded 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 obtain consent:

a)

violence

b)

physical coercion

c)

intimidation

d)

mistake

8.

On February 11, 2003, Perfecto offered to sell his house and lot to Reynaldo for P1,500,000.00. Perfecto told Reynaldo that he was giving Reynaldo up to February 28, 2003 to decide whether or not to buy the house and lot. Reynaldo accepted the option but did not give anything to Perfecto to support the option given to him. On May 20, 2003, Perfecto found another buyer who was ready to buy the house and lot for P2,000,000.00. Perfecto wants to ask you whether he can still withdraw the offer he made to Reynaldo. Decide.

a)

Yes, Perfecto may withdraw the offer because he stands to gain an added profit of P500,000.00 and this will be more than enough to pay damages to Reynaldo.

b)

Yes, Perfecto may withdraw the offer by just informing Reynaldo of such fact.

c)

No, Perfecto may not withdraw the offer because the option was accepted by Reynaldo although Reynaldo did not give anything in support thereof.

d)

No, Perfecto may not withdraw his offer until the lapse of the period given to Reynaldo to exercise his option.

9.

Elements that accompany certain contracts unless set aside or suppressed by the parties, are known as:

a)

natural elements

b)

essential elements

c)

accidental elements

d)

original elements

10.

Undue influence shall annul the obligation, although it may have been employed by a third person who did not take part in the contract.

a)

true

b)

false

11.

The contract is void if the cause is not stated in the contract.

a)

true

b)

false

12.

The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient.

a)

true

b)

false

13.

Acceptance by letter or telegram binds the offeror from the time the letter or telegram is sent.

a)

true

b)

false

14.

An offer made through the agent is accepted from the time acceptance is communicated to the agent.

a)

true

b)

false

15.

There is violence when in order to wrest consent, serious or irresistible force is employed.

a)

true

b)

false

16.

Failure to disclose facts constitutes fraud.

a)

true

b)

false

17.

Real contracts, such as mutuum, pledge and guaranty are not perfected until the delivery of the object of the obligation.

a)

true

b)

false

18.

Contracts of pure beneficence are contracts without cause

a)

true

b)

false

19.

If the cause is not stated in the contract, it exists and is lawful.

a)

true

b)

false

20.

A contract may be voidable even though there may have been no damage to the contracting parties.

a)

true

b)

false

21.

The action or defense for the declaration of the inexistence of a contract prescribes in 10 years

a)

true

b)

fase

22.

Acts and contracts which have for their objects the creation transmission, modification or extinguishment of real rights over immovable property must be in a public instrument to be valid and binding.

a)

true

b)

false

23.

Lesion or inadequacy of cause shall not invalidate a contract, unless there has been fraud, mistake or undue influence.

a)

true

b)

false

24.

An offer may become ineffective upon insolvency of either party before acceptance is conveyed even if the insolvency is not judicially declared.

a)

true

b)

false

25.

A contract of sale entered into between spouses is void.

a)

true

b)

false

26.

Contracts must bind both parties, its validity or termination cannot be left to the will of one of them.

a)

TRUE

b)

FALSE

27.

Unenforceable contracts are susceptible of ratification.

a)

TRUE

b)

FALSE

28.

Contracts are perfected by mere consent.

a)

TRUE

b)

FALSE

29.

Ratification requires conformity of the contracting parties.

a)

TRUE

b)

FALSE

30.

Mistake as to the qualifications of one of the parties vitiates consent.

a)

TRUE

b)

FALSE

31.

Contracts take effect between their parties, assigns and heirs.

a)

TRUE

b)

FALSE

32.

A mere expression of an opinion does not signify fraud.

a)

TRUE

b)

FALSE

33.

Incidental fraud invalidates a contract.

a)

TRUE

b)

FALSE

34.

In contracts of pure beneficence, the cause is the liberality of the benefactor.

a)

TRUE

b)

FALSE

35.

Contract of lease for 2 years is unenforceable if not in writing.

a)

TRUE

b)

FALSE

36.

An action for rescission of a contract entered into to defraud a creditor will prosper 4 years from actual discovery of fraud.

a)

TRUE

b)

FALSE

37.

Undue influence shall annul the obligation, although it may have been employed by a third person who did not take part in the contract.

a)

TRUE

b)

FALSE

38.

Rescission shall be only to the extent necessary to cover the damage caused by a contract in fraud of a creditor.

a)

TRUE

b)

FALSE

39.

A conveyance is presumed to be in fraud of creditor if made by a debtor after a suit is filed against him while it is pending.

a)

TRUE

b)

FALSE

40.

A contract which is void on its face cannot be the subject of reformation.

a)

TRUE

b)

FALSE

41.

Once a contract is perfected, though the same is not in the form required by law, the contracting parties may compel each other to observe that form.

a)

TRUE

b)

FALSE

42.

Lesion or inadequacy of cause shall not invalidate a contract, unless there has been fraud, mistake or undue influence.

a)

TRUE

b)

FALSE

43.

The cause in a lucrative contract is the liberality of the benefactor.

a)

TRUE

b)

FALSE

44.

An offer may become ineffective upon insolvency of either party before acceptance is conveyed even if the insolvency is not judicially declared.

a)

TRUE

b)

FALSE

45.

An offer may become ineffective upon insolvency of either party before acceptance is conveyed even if the insolvency is not judicially declared.

a)

TRUE

b)

FALSE

46.

What is the status of Contacts undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them.

(a)  

47.

What is the status of a Sale of private agricultural land to a former Filipino citizen.

(a)  

48.

What is the status of a contract that has a false cause.

(a)  

49.

What is the status of a contract of sale where the consideration is in Chinese Yuan.

(a)  

50.

What is the status of an Oral sale of immovable for P450.

(a)  

51.

What is the status of a Sale of large cattle contained in a private instrument.

(a)  

52.

What is the status of a sale of a guardian of the property of the ward valued at P100,000 for P70,000.

(a)  

53.

What is the status of an Oral lease of a car for 3 years

(a)  

54.

What is the status of an Oral contract for the sale of a bag where the bag will be delivered after 18 months and the payment shall be made upon delivery.

(a)  

55.

What is the status of an Absolute deed of sale where the price is not indicated.

(a)  

56.

What is the status of a Contract where the signature of one of the contracting parties is forged.

(a)  

57.

What is the status of a contract where One of the contracting parties is relatively incapacitated.

(a)  

58.

What is the status of a contract where One of the contracting parties lacks juridical capacity.

(a)  

59.

What is the status of a contract where One of the contracting parties is 20 years of age.

(a)  

60.

What is the status of a A contact entered into by a person while insane during a lucid interval.

(a)  

61.

Contract where one party is a minor and the other party is insane. What is its status?

(a)  

62.

What is the status of Contacts 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?

(a)  

63.

What is the status of Contacts where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud?

(a)  

64.

What is the status of A contract entered into in representation of another without authority?

(a)  

65.

What is your Law 101 instructor's full name?

(a)