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BUSINESS LAW FINAL EXAM

Total questions: 50

Worksheet time: 13hrs 30mins

Name
Class
Date
1.

Usurious

transactions shall be

governed by special

laws.

(a)  

2.

It is the contracting for or receiving

something in excess of the amount allowed by law

for the loan or use of money, goods, chattels (

something that a person owns other than land or

buildings. e.g furniture, tools) or credits.

(a)  

3.

Giving a sum of money, goods, or credit

to another, with a promise to repay but not a

promised to return the same thing.

(a)  

4.

(a)   income produced by money in

relation to its amount and to the time that it

cannot be utilized by its owner. Interest s may

either be moratory (paid in contractual

obligations to pay a sum of money, or as the

stipulated advanced determination of the

damages due to the delay in fulfillment of the

obligation) or compensatory (interest on

obligations which have an extra contractual or

delictual origin)

5.

“The receipt of the principal by the creditor without reservation

with respect to the interest, shall give rise to the presumption that

said interest has been paid. The receipt of a later installment of a

debt without reservation as to prior installments, shall likewise

raise the presumption that such installments have been paid. ”The

receipt of a later installment of a debt without reservation as to

prior installments, shall likewise raise the presumption that such

installments have been paid.

(a)  

6.

The creditors, after having pursued the

property in possession of the debtor to satisfy

their claims, may exercise all the rights and

bring all the actions of the latter for the same

purpose, save those which are inherent in his

person; they may also impugn the acts which

the debtor may have done to defraud them.

(a)  

7.

(a)   is an action where the creditor hose

claims had not been fully satisfied, may go after the debtors

(third persons) of the defendant-debtor.

8.

(a)   is an action where the creditor files an action

in court for the rescission of acts or contracts entered into by

the debtor designed to defraud the former.

9.

Subject to the laws, all rights acquired in virtue of an

obligation are transmissible, if there has been no

stipulation to the contrary.

(a)  

10.

Every obligation whose performance does not depend

upon a future or uncertain event, or upon a past event

unknown to the parties, is demandable at once.

Every obligation which contains a resolutory condition

shall also be demandable, without prejudice to the

effects of the happening of the event. (1113)

(a)  

11.

It is not

subject to any condition and no

specific date is mentioned.

Therefore, it is immediately

demandable.

(a)  

12.

(a)   is an

obligation subject to a

condition.

13.

A future and

uncertain event and can be a past

and unknown event.

(a)  

14.

A future and

certain event although unknown

when it will be going to happen.

(a)  

15.

Fulfillment of a suspensive condition will give rise to

an obligation or right.

Demandability is suspended until the happening of

the condition.

(a)  

16.

Fulfillment of a regulatory condition will extinguish an obligation or right already

existing. The obligation is already due and demandable but the happening of the condition will extinguish or terminate the obligation or the right required by virtue at the obligation.



(a)  

17.

When the debtor binds himself to

pay when his means permit him to

do so,

the obligation shall be deemed to

be one with a period, subject to the

provisions of Article

1197.

(a)  

18.

In conditional obligations, the

acquisition of rights, as well as the

extinguishment or loss of those already acquired,

shall depend upon the happening of the

event which constitutes the condition.

(a)  

19.

When the fulfillment of

the condition depends upon the sole will

of the debtor, the conditional obligation

shall be void. If it depends upon chance

or upon the will of a third person, the

obligation shall take effect in

conformity with the provisions of this

Code.

(a)  

20.

A condition suspensive in nature and depends upon

the sole will of one of the parties.

Either depends upon the will of the debtor or the

creditor.

(a)  

21.

If a suspensive condition depends upon

chance or upon the will of a third person,

the

obligation is valid.

(a)  

22.

Depends partly upon chance and upon the will of a

third person.

(a)  

23.

In conditional obligations, the

acquisition of rights, as well as the

extinguishment or loss of those already acquired,

shall depend upon the happening of the

event which constitutes the condition.

(a)  

24.

When the fulfillment of

the condition depends upon the sole will

of the debtor, the conditional obligation

shall be void. If it depends upon chance

or upon the will of a third person, the

obligation shall take effect in

conformity with the provisions of this

Code.

(a)  

25.

Impossible conditions, those contrary to

good customs or public policy and

those prohibited by law shall annul the

obligation which depends upon them. If the

obligation is divisible, that part thereof

which is not affected by the impossible or

unlawful

condition shall be valid.

The condition not to do an impossible thing

shall be considered as not having been

agreed

upon.

(a)  

26.

Which condition is contrary to the law of nature (nature of things or cannot be   done).

Example: “I will pay you P20,000 if it will not be hot for one year in the. Philippines.”

(a)  

27.

A condition that are against the law, morals, good customs,

public order or public policy. For example, “I will give you P15,000 if you will threaten X by

shooting their house"

(a)  

28.

Effects of Impossible Conditions wherein the obligor has no intention to comply

with his obligation.

(a)  

29.

Effects of Impossible Conditions example is "I will give you P500,000 if you

go to the sun this year."

(a)  

30.

Condition is negative or not to do an

impossible thing.

(a)  

31.

This happens when the obligation is divisible.

(a)  

32.

In this case, the pre-existing obligation

remains valid and existing. The pre- existing

obligation remains valid and subsisting. Only

the legally impossible condition is void.

(a)  

33.

The condition that some event

happen at a determinate time

shall extinguish

the obligation as soon as the

time expires or if it has become

indubitable that the event will

not take place.

(a)  

34.

The condition that some event will not

happen at a determinate time shall

render the obligation effective from the

moment the time indicated has elapsed, or if

it has

become evident that the event cannot occur.

If no time has been fixed, the condition shall

be deemed fulfilled at such time as may have

probably been contemplated, bearing in

mind the nature of the obligation.

(a)  

35.

The condition shall be deemed fulfilled when

the obligor voluntarily prevents

its fulfillment.

(a)  

36.

Refers to an

obligation prevented by the obligor from

happening.

(a)  

37.

The effects of a conditional obligation to give,

once the condition has been fulfilled, shall

retroact to the day of the constitution of the

obligation. Nevertheless, when the obligation

imposes reciprocal prestations upon the parties,

the fruits and interests during the pendency of the

condition shall be deemed to have been mutually

compensated. If the obligation is unilateral, the

debtor shall appropriate the fruits and interests

received, unless from the nature and

circumstances of the obligation it should be

inferred that the intention of the person

constituting the same was different.

(a)  

38.

Which Article this example will fall?

A agreed to give B 5% of the commission if B could sell A’s property at a certain price. B found a buyer that agrees upon A’s terms. To evade the payment of commission agreed upon, A sold his property to the buyer at lower price without B’s aid.

(a)  

39.

Which article this example will fall?

Mr. A borrowed the amount of 5000 from Mr.B with the interest rate of 5% per month. After three months, A paid 5000 to Mr.B as payment for the principal amount borrowed. Mr. B recieved the amount without making any reservation as to the collection of interest.

Presumption:  As if Mr.A paid the interest before the principal.

(a)  

40.

Which Article this example will fall?

Mr X borrowed P15000 from Mr. Y payable by installment within three months in the amount of P5,000 per month.

Ist month- Not paid

2nd month- Mr.Y received the amount of 5000 for the 2nd month without making any reservation as to the collection of the first installment.

Presumption: Mr.X is presumed to have paid the first installment

(a)  

41.

Which kind of obligation this example will fall?

"I promise to give Bryan Php 5,000.00 if he passes the school entrance exam; the obligation   cannot be demandable at once but becomes   demandable only upon Bryan’s passing the school entrance exam."

(a)  

42.

Which kind of obligation this example will fall?

I promise to support Bryan Php 3,000.00 per month until such time that he has already got a job, the obligation to give a monthly pension starts immediately but the moment Bryan got a job the obligation stops.

(a)  

43.

Which kind of obligation this example will fall?

“ I promise to give you P1,000, if you build a house for me in three months."

(a)  

44.

Which kind of obligation this example will fall ?

“ I will give you my land if a war breaks out next month.”

(a)  

45.

Which condition this example will fall?

“I will give you a house if you marry Carolina.”

(a)  

46.

Which article this example will fall?

“ I  will give you a million peso if you can turn the straw turn into gold.

(a)  

47.

Which article this example will fall?

“ I will give you all my assets when it would not rain in May. “

(a)  

48.

Which article this example will fall?

A promised to give B a parcel of land if B will marry his daughter, C, this year. If C died or married someone else, or B has not still married C within the said year, the obligation of A to give is extinguished.

(a)  

49.

Which article this example will fall?

A sold B a parcel of land on condition that the price would be paid as soon as B had paid off the mortgage and other debts of the estate. A waited for some time, but since B had not yet succeeded in paying off the debts, A brought an action to cancel the sale.

(a)  

50.

BONUS QUESTION!!! :)

What is my Middle Name?

(a)