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OBLIGATIONS - GROUP 2 QUIZ

Total questions: 20

Worksheet time: 8mins

Name
Class
Date
1.

ARTICLE 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Resources, and of Title XVIII of this Book, regulating damages

a)

TRUE

b)

FALSE

2.

As a general rule, whenever a criminal action is instituted, the civil action for civil liability is also impliedly instituted together with the civil action.

a)

TRUE

b)

FALSE

3.

Balan, in payment of his debt to Chu, binds himself to give Chu P5,000 allowance until Chu graduates from law school.

What kind of condition is this?

a)

Suspensive condition

b)

Resolutory Condition

c)

Potestative Condition

d)

Impossible Condition

4.

  This happens when the creditor demands and the obligor fails to deliver the thing.

a)

Negligence

b)

Mora Solvendi

c)

Mora accipiendi

d)

Compensatio Morae

5.

Demand is not necessary to incur delay when:

a)

Creditor refuses the performance without just cause.

b)

The debtor is guilty of non-performance.

c)

Time is the controlling motive.

d)

If the obligation bears interest.

6.

It is a future and certain event upon the arrival of which the obligation (or right) subject to it either arises or is terminated.

a)

Fortuitous events

b)

Period

c)

Date and time

d)

Condition

7.

 Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for past and future fraud is void.

a)

TRUE

b)

FALSE

8.

Delay can exist in the following obligations, except

a)

Obligation to do

b)

Obligation to give

c)

Obligation not to do

d)

None of the above

9.

In an obligation to deliver a determinate thing, when does the creditor or obligee obtain real rights over the fruits of the determinate thing?

a)

 From the time of the perfection of the contract.

b)

From the time the obligation to deliver it arises.

c)

From the time the fruits are delivered physically or constructively.

d)

From the fulfillment of resolutory condition.

10.

The debtor or obligor shall be liable for damages if, in the fulfillment of obligation, he is guilty of the following, except

a)

Fraud or dolo

b)

Delay or default or mora

c)

Negligence or fault or culpa

d)

Good faith

e)

Contravention of the terms

11.

The receipt of the principal by the creditor, without reservation with respect to the interest, shall give rise to a rebuttable presumption that said interest has been paid.

a)

FALSE

b)

TRUE

12.

When will the benefits arising from default or delay stop?

a)

 By delay of the other party.

b)

 By rescission of the contract.

c)

By payment of damages.

d)

By renunciation by other party of effects of delay or by prescription.

13.

Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. What type of culpa is referred to by this provision of the Civil Code?

a)

CULPA CONTRACTUAL

b)

CULPA CRIMINAL

c)

CULPA AQUILIANA

d)

CULPA CAPA

14.

When an employee causes damage due to his own negligence while performing his own duties, there arises the presumption that his employer is negligent, rebuttable only by proof of observance of the extraordinary diligence.

a)

TRUE

b)

FALSE

15.

If a married minor commits a quasi-delict or culpa aquiliana, his parent would be liable if said minor lives and is dependent on, them.

a)

TRUE

b)

FALSE

16.

 In an obligation consisting in not doing, what is the remedy of the creditor in case the debtor does what has been forbidden him?

a)

It shall be undone at the expense of debtor with no damages.

b)

Action for specific performance with damages.

c)

It shall be undone at the expense of debtor with indemnification for damages.

d)

Action for rescission.

17.

Mere delinquency in payment necessarily mean delay in the legal concept.

a)

TRUE

b)

FALSE

18.

If the object of obligation is a generic thing, the loss or destruction of anything of the same kind even without the debtor’s fault and before he has incurred in delay will not have the effect of extinguishing the obligation.

a)

TRUE

b)

FALSE

19.

In what type of culpa or negligence will the defense of the exercise of good father of the family in the selection of his employees by the employer be a tenable defense?

a)

Culpa Criminal

b)

Culpa Contractual

c)

Culpa Aquiliana

d)

Culpa Capa

20.

Which of the following statements concerning rights acquired by virtue of an obligation is correct?

a)

As a general rule, they are not transmissible.

b)

They are transmissible only if there is stipulation to that effect.

c)

They are always transmissible.

d)

Subject to the provisions of laws, they are transmissible unless there is stipulation to the contrary.