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OBLIGATIONS AND CONTRACTS

Total questions: 85

Worksheet time: 56mins

Name
Class
Date
1.

Whoever pays for another may demand from the debtor in full what he has paid...

a)

if he paid without the knowledge of the debtor

b)

if he paid against the will of the debtor

c)

if he paid with the knowledge of the debtor

d)

if he paid in bad faith

2.

An obligation which the fulfillment is not subject to a period or condition but immediately demandable:

a)

Conditional obligation

b)

Pure obligation

c)

Obligation with a period

d)

None of the above

3.

The obligation where only one party is bound is called...

a)

personal

b)

real

c)

bilateral

d)

unilateral

4.

A ______ contract is one whereby the delivery of the thing is necessary for the perfection of the Contract.

a)

real

b)

personal

c)

bilateral

d)

unilateral

5.

The following are the elements of a Contract, except:

a)

Consideration

b)

Consent

c)

Prestation

d)

Object

6.

A period designated in the obligation is presumed established for the benefit of...

a)

both the debtor and the creditor

b)

benefit of the creditor only

c)

benefit of the debtor only

d)

none

7.

A and B entered into a contract whereby A, a public officer, would resign before his term expires and B would replace him and continue his term.

The contract was for a consideration.

Is the contract binding between the parties? Why?

a)

Yes, because there is consideration

b)

No, because the rights and obligations of the parties are not transmittable by their nature or by provision of law, thus their agreement is contrary to law

c)

Yes, because the parties agreed with the terms and condition

d)

No, because it is contrary to public moral

8.

_______ creates the obligation to return the things which were the object of the contract, together with their fruits, and the price with its interest; consequently, it can be carried out only when he who demands ________ can return whatever he may be obliged to restore.

a)

Rescission

b)

Restoration

c)

Annulment

d)

Continuation

9.

Set off; it is a mode of extinguishment to the concurrent amount of the obligation of persons who are in their own right reciprocally debtors or creditors of each other

a)

Novation

b)

Compensation

c)

Consignation

d)

Performance

10.

Extinguishment of obligation by creating/ substituting a new one in its place

a)

Novation

b)

Compensation

c)

Consignation

d)

Performance

11.

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

a)

Quasi-Contract

b)

Contract

c)

Quasi-Delict

d)

Delict

12.

A contract whereby one party prepared the contract desired by him and he simply ask the other party to sign the contract and agreed with the terms and condition.

a)

Real Contract

b)

Unilateral Contract

c)

Contract of Adhesion

d)

Contract of Condition

13.

A contract which is perfected by mere consent

a)

Consensual

b)

Real

c)

Unilateral

d)

Bilateral

14.

A contract should always be in a written memorandum

a)

True

b)

False

15.

If the true intention of the parties is not expressed in the instrument, the instrument may be reformed/changed.

a)

True

b)

False

16.

Contracts that has caused a particular damage to one of the parties or to a third person and which for a equitable reasons may be set aside even if valid.

a)

Rescissible Contracts

b)

Voidable Contracts

c)

Unenforceable Contracts

d)

Void Contracts

17.

Contracts in which consent of one of the parties is defective, either because of want of capacity or because it is vitiated, but which contract is valid until judicially set aside.

a)

Voidable Contracts

b)

Void Contracts

c)

Unenforceable Contracts

d)

Rescissible Contracts

18.

Contracts that for some reason cannot be enforced or produced no legal effect, unless ratified in the manner provided by law.

a)

Unenforceable Contracts

b)

Void Contracts

c)

Voidable Contracts

d)

Rescissible Contracts

19.

Condition which depends upon the will of one of the contracting parties.

a)

Casual

b)

Potestative

c)

Mixed

d)

None

20.

Condition which depends upon chance or will of third person.

a)

Casual

b)

Potestative

c)

Mixed

d)

None

21.

Condition which depends partly upon chance and upon the will of one of the contracting parties.

a)

Casual

b)

Potestative

c)

Mixed

d)

None

22.

Condition which cannot exist or cannot be done.

a)

Physically Impossible Condition

b)

Legally Impossible Condition

23.

Condition which is contrary to law, morals, good customs, public order or public policy.

a)

Physically Impossible Condition

b)

Legally Impossible Condition

24.

The right to enjoy the use and fruits of a thing belonging to another.

a)

Antichresis

b)

Commodatum

c)

Usufruct

d)

Personal Right

25.

It is the period fixed by the contracting parties.

a)

Contractual Period

b)

Judicial Period

26.

It is the period fixed by court.

a)

Contractual Period

b)

Judicial Period

27.

The conditional obligation is valid if the fulfillment of the condition depends upon the sole will of the debtor.

a)

True

b)

False

28.

The conditional obligation is valid if the fulfillment of the condition depends upon the sole will of the debtor.

a)

True

b)

False

29.

The debtor shall lose the right to make use of the period when he becomes insolvent.

a)

True

b)

False

30.

When the debtor does not furnish the guaranties/securities he promised to the creditor, the creditor may immediately demand the fulfillment of the obligation.

a)

True

b)

False

31.

The creditor cannot demand the fulfillment of the obligation even when the debtor violates an undertaking because it does not mean that the debtor will not pay his debt.

a)

True

b)

False

32.

In alternative obligation, who has the right to choose among the several prestations?

a)

Creditor

b)

Debtor

c)

Judge

d)

Successor-in-interest

33.

When there are several debtors in an obligation, the presumption of liability is ___________.

a)

Joint

b)

Solidary

c)

Equal

d)

Collective

34.

In layman's term, it means "stepping into the shoes of another" or substituting one party for another.

a)

Reimbursement

b)

Subrogation

c)

Remission

d)

Cancellation

35.

The property of the debtor is alienated to the creditor in satisfaction of a debt in money.

a)

Dation in payment

b)

Payment by cession

36.

Another special form of payment. It is assignment or abandonment of all the properties of the debtor for the benefit of his creditors in order that the debt be satisfied.

a)

Dation in payment

b)

Payment by cession

37.

The act of depositing your money in court.

a)

Subrogation

b)

Compensation

c)

Consignation

d)

Reimbursement

38.

The expenses of consignation shall be charged against the ________.

a)

creditor

b)

debtor

39.

The generic thing (genus) never perishes.

a)

True

b)

False

40.

An act of liberality, by virtue of which, without receiving any equivalent, the creditor renounces the enforcement of obligation.

a)

Novation

b)

Compensation

c)

Merger of Rights

d)

Condonation

41.

An extinguishment of obligation whereby the qualities of the creditor and debtor meet in one person with respect to the same obligation.

a)

Condonation

b)

Confusion

c)

Compensation

d)

Novation

42.

If the penal clause is void, the principal obligation is also void.

a)

True

b)

False

43.

The debtor may directly pay to the heirs or successor-in-interest of the creditor even if the creditor can be easily found.

a)

True

b)

False

44.

The sale of a parcel of land through verbal agreement is enforceable.

a)

True

b)

False

45.

The term ______ means any rule of action or any system of uniformity.

a)

Contract

b)

Law

c)

Obligation

46.

_____ is the law of religion and faith which concerns itself with the concept of sin and salvation

a)

Divine Law

b)

Natural Law

c)

Moral Law

d)

State Law

47.

The totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community

a)

Divine Law

b)

Physical Law

c)

Moral Law

d)

Natural Law

48.

All are sources of the law except

a)

Legislation

b)

Constitution

c)

Custom

d)

Jurisprudence

e)

Supreme Court

49.

A ______ is remedial if the object is the indemnification of the person who has suffered damages or injury from a violation of law.

a)

Confiscation

b)

Sanction

c)

Penal

d)

Expulsion

50.

A branch of private law which provides for the means by which private right may be enforced

a)

Civil Procedure

b)

Mercantile Law

c)

Commercial Law

d)

Civil Law

51.

The Civil Code of the Philippines is based mainly on the Civil Code of what country?

a)

Spain

b)

America

c)

China

d)

Singapore

52.

Obligation is derived from the Latin word "obligatio" which means

a)

paying

b)

binding

c)

crediting

d)

debting

53.

The term, ____ is also used to refer to the wrongful violation of the legal right of another

a)

wrong

b)

injury

c)

right

d)

obligation

54.

Blank is that in which the subject matter is a thing which the obligor must deliver to the obligee

a)

Real Obligation

b)

Personal Obligation

c)

Determined Obligation

d)

Service Obligation

55.

Article 1157 enumerates the sources of Obligations: (1) Law, (2) Contracts, (3) Quasi-contracts, (4) Crimes, and (5) Quasi-delicts

a)

True

b)

False

c)

Pass

56.

A _____ is a meeting of minds between two (2) or more persons whereby one binds himself, with respect to the other, to give something or to render some service. (Art. 1305)

a)

conference

b)

court order

c)

special law

d)

contract

57.

Obligation to pay taxes is an example of what source of obligation?

a)

Law

b)

Quasi-contracts

c)

Crimes

d)

Contracts

58.

A source of obligation that arise from damage caused to another through an act or omission, there being fault, or negligence, but no contractual relation exists between the parties.

a)

Quasi-contracts

b)

Quasi-delicts

c)

Law

d)

Contracts

59.

Blank is the voluntary management of the property or affairs of another without the knowledge or consent of the latter.

a)

Solutio Indebiti

b)

Negotiorum Gestio

60.

one in whose favor the obligation is constituted

a)

Active Subject

b)

Passive Subject

61.

The juridical necessity to give, to do, or not to do refers to:

a)

Social Obligation

b)

Civil Obligation

c)

Moral Obligation

d)

Obligee

62.

Which of the following is not an element of a civil obligation?

a)

Active Subject

b)

Passive Subject

c)

Prestation

d)

Sufficient Clause

63.

The active subject of an obligstion is also known as:

a)

Debtor

b)

Obligee

c)

Subject Matter

d)

Obligor

64.

The prestation of an obligation is also known as:

a)

Subject Matter

b)

Debtor

c)

Creditor

d)

Efficient Cause

65.

The passive object of an obligation is slso known as:

a)

Creditor

b)

Obligee

c)

Object

d)

Debtor

66.

The efficient cause of an obligation is also known as:

a)

Active subject

b)

Passive subject

c)

Subject matter

d)

Legal Tie

67.

A civil obligation differs from a natural obligation in that in a civil obligation:

a)

The obligation is enforceable by court of action.

b)

The obligation exists in equity and moral justice.

c)

All of the above

d)

None of the above

68.

The following are sources of obligation, except:

a)

Quasi delicts

b)

Quasi Contracts

c)

Act and omissinos punishable by law.

d)

Quasi Traditionale

69.

The obligation of a husband and eife to love each other is an obligation arising from:

a)

Contract

b)

Law

c)

Quasi Contract

d)

Agreement

70.

F and M are the parents of S, a government employee who is married to D, F is an employee of a private firm, while m is a housewife. While S on an out of town assignment, D was brought to the hospital for medical treatment by F and M, her parents in law. The Hospital wants to collect now from F and M for medical expenses.

a)

Only F is liable because he is the one employed.

b)

Only S, the husband of D is liable as he is the one obliged by law tosupport his wife.

c)

Both F and M are liable because it wasthey who brought D to the hospital.

d)

Non of the above.

71.

An obligation may be modified by:

a)

Changing of the object or principal condition.

b)

Substituting the person of the debtor.

c)

Subrogating a third person i the rights of the creditor.

d)

All of the above

72.

Judicial compensation is one orderedby the court when one of the parties has proven his claim for damages against the other to whom he is also indebted.

a)

True

b)

False

73.

Which of the following is not an element of a civil obligation?

a)

Active Subject

b)

Passive Subject

c)

Prestation

d)

Sufficient Clause

74.

The debt is presumed remitted if the public document evidencing a credit is voluntarily deliverd by the creditor tp the debtor.

a)

True

b)

False

75.

A & b, solidary debtors, owe X and Y, joint creditors, P4k. X may collect:

a)

2k from A and 2k from B

b)

2k from A or 2k from B

c)

1k from A and 1k from B

d)

4k from A or 4k from B

76.

The condition shall deemed fulfilled if the debtor woluntarily prevents its fulfillment.

a)

True

b)

False

77.

An agreement that produces obligations which are not enforeceable in court of justice is not a contract.

a)

True

b)

False

78.

Which of the following is not a real contract?

a)

Depositum

b)

Pledge

c)

Commodatum

d)

Sale of personal property

79.

Which of the foregoing contracts is/are preparatory contract? ( You can choose 2 or more answers)

a)

Contract of Partnership

b)

Contract of Agency

c)

Contract of Non existing parties

80.

A contract where parties give equal or almost equal values ia known as:

a)

Commutative Contract

b)

Compensatory Contract

c)

Aleatory Contract

d)

Equivalent Contract

81.

The sale of a sweepstakes ticket is an example of an aleatory contract.

a)

True

b)

False

82.

Loreta delivered his bicycle to Benjamin for latter's use for one week without any compensation (commodatum). The cause of the cotract is:

a)

The bicycle of Loreto

b)

The generousity of Loreto

c)

Both are correct

d)

Neither are correct

83.

Necessities are those that are indispensable for austenance, dwelling, clothing and which of the following?

a)

Medical attendance

b)

Education

c)

Transportation

d)

All of the foregoing

84.

Mistake as to identity or qualifications of one of the parties will vitiate consent onky when such identity or qualifications have been the principal cause of the contract.

a)

True

b)

False

85.

Aside from violence, the following are the vices of consent, except:

a)

Violence

b)

Intimidation

c)

Undue influence

d)

Persuasion