Formative Assessment # 3

OBLIGATIONS AND CONTRACTS

1. It is the juridical relation resulting from lawful, voluntary, and unilateral acts by
virtue of which the parties become bound to each other to the end that no one
shall be unjustly enriched or benefited at the expense of another.
a. Agreement
b. Vinculum juris
c. Contracts
d. Quasi-Contracts

[Link] takes place when something is received when there is no right to demand
it, and it was unduly delivered thru mistake.
a. Solutio Indebiti
b. Negotiorum Gestio
c. Vinculum juris
d. Prestation
[Link] happened when the creditor makes a demand and the obligor fails to
deliver the thing.
a. Negligence
b. Mora solvendi
c. Mora accipiendi
d. Compensatio morae
[Link] 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
5. In what instance may we consider that there is no delay?
a. In civil obligations
b. In positive obligation
c. In obligation arising from crime
d. In natural obligation
[Link] Accion subrogatoria the creditor may exercise all of the rights and bring all of
the actions which the debtor may have against third persons if:
A. If the account is personal
b. The debtor's acts are fraudulent
c. The debtor has performed an act subsequent to the contract, giving
advantage to other persons
d. Creditor must have the right of return against debtor
[Link] Accion Pauliana Rescission, which involves the right of the creditor to attack
or impugn by means of rescissory action any act of the debtor which is in fraud
and to the prejudice of his rights as creditor provided:
a. The debt is due and demandable
b. There is a failure of the debtor to collect his own debt from 3rd persons
either through malice or negligence
c. The debtor's assets are insufficient
d. The debtor has performed an act subsequent to the contract, giving
advantage to other persons
8. It causes the extinguishment or loss of rights already acquired upon the
fulfillment of the condition, that is, the happening of the event which constitutes
the condition. In other words, the fulfillment of which will extinguish an obligation
(or right) already existing.
a. Condition subsequent
b. Suspensive
c. facultative condition
d. positive condition
9. When the thing deteriorates with the debtor’s fault, the creditor may choose
one of the following:
a. Mutual restitution
b. Rescission (cancellation) of the obligation with indemnity for damages
c. Suffer the deterioration of the thing
d. Institute an action for negligence.
10. 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. Condition
c. Period
d. Date and time

II.
1. When the debtor binds himself to pay when his means permit him to do so,
the obligation is:
a. Conditional
b. Pure
c. Simple
d. With a Period
2. Contracts which cannot be sued upon unless ratified, thus it is as if they
have no effect yet are:
a. Voidable
b. Rescissible
c. Void
d. Unenforceable
3. If the obligation of the debtor is "I will pay you my debt after I have
arrived from abroad," this is
a. Unenforceable
b. With a Period
c. Void
d. Conditional
4. When the characters of the creditor and the debtor are merged in one
and the same person, there is extinguishment of the obligation by:
a. Compensation
b. Merger of Rights
c. Novation
d. Remission
5. Through insidious words or machinations, A was able to induce B to enter into
a contract which without them B would not have agreed to it. There is:
a. Undue Influence
b. Fraud
c. Mistake
d. Misrepresentation
6. "A sells to B his lot and house in the city if A decides to transfer and live in the
countryside" is an example of:
a. Mixed Condition
b. Potestative Condition
c. Casual Condition
d. Resolutory Condition
7. It is a mode of extinguishing an obligation when two persons in their
own right are creditors of each other.
a. Confusion
b. Reformation
c. Compensation
d. Novation
8. A contract is in the stage of conception when:
a. There is meeting of the minds.
b. Negotiations are in progress.
c. The parties come to an agreement.
d. The contract is perfected.
9. If the obligor binds himself to perform his obligation as soon as "he
shall have obtained a loan" from a certain bank, this obligation is:
a. With a Term
b. Conditional
c. Suspensive
d. Resolutory
[Link] entered into in a state of drunkenness or during a hypnotic spell are:
a. Void
b. Valid
c. Voidable
d. Legal
III.
1. When the debtor binds himself to pay when his means permit him to do so, the
obligation is:
a. Conditional
b. Pure
c. Simple
d. With a Period
2. Contracts which cannot be sued upon unless ratified, thus it is as if they have
no effect yet are:
a. Voidable
b. Rescissible
c. Void
d. Unenforceable
3. If the obligation of the debtor is "I will pay you my debt after I have arrived
from abroad," this is
a. Unenforceable
b. With a Period
c. Void
d. Conditional
4. When the characters of the creditor and the debtor are merged in one and the
same person, there is extinguishment of the obligation by:
a. Compensation
b. Merger of Rights
c. Novation
d. Remission
5. Through insidious words or machinations, A was able to induce B to enter into
a contract which without them B would not have agreed to it. There is:
a. Undue Influence
b. Fraud
c. Mistake
d. Misrepresentation
6. "A sells to B his lot and house in the city if A decides to transfer and live
in the countryside" is an example of:
a. Mixed Condition
b. Potestative Condition
c. Casual Condition
d. Resolutory Condition
7. It is a mode of extinguishing an obligation when two persons in their
own right are creditors of each other.
a. Confusion
b. Reformation
c. Compensation
d. Novation
8. A contract is in the stage of conception when:
a. There is meeting of the minds.
b. Negotiations are in progress.
c. The parties come to an agreement.
d. The contract is perfected
9. If the obligor binds himself to perform his obligation as soon as "he
shall have obtained a loan" from a certain bank, this obligation is:
a. With a Term
b. Conditional
c. Suspensive
d. Resolutory
10. Contracts entered into in a state of drunkenness or during a
hypnotic spell are:
a. Void
b. Valid
c. Voidable
d. Legal
11. Delay in the giving or delivering of a thing
a. Mora solvendi ex re
b. Mora solvendi ex persona
c. Mora accipiende ex re
d. Mora accipiende ex persona
12. Which of the following statements is false?
a. Obligations to give definite things and those that are not susceptible of
partial performance shall be deemed divisible.
b. Execution of a certain number of days of work shall be divisible.
c. Accomplishment of work by metrical units are divisible
d. An obligation to pay a certain amount in ten annual installments is
divisible.
[Link] contract is without effect unless ratified:
a. Marriage between first degree cousins
b. Contract of sale between two insane persons
c. Contract of sale between husband and wife
d. Donation between husband and wife
14. Which of the following contracts is not void ab initio?
a. Those whose object is outside the commerce of men
b. That whose object did not exist at the time of transaction
c. That which contemplates an impossible service
d. That which is undertaken in fraud of creditors
[Link] of contract can take place in this case
a. When the thing which is the object of the contract is legally in the
possession of a third person who acted in bad faith
b. When he who demands rescission can return whatever he may be
obliged to restore
c. When the party seeking resolution can perform only as to part and as to
remainder
d. When the seller cannot return the installments paid to him by the
buyer
16. A defective contract where damage or lesion is essential
a. Rescissible
b. Voidable
c. Unenforceable
d. Void
17. An instrument may be reformed
a. Simple donations inter vivos wherein no condition is imposed
b. Wills
c. When the instrument does not express the true intention of the parties
due to mistake
d. When the real agreement is void
18. Three of the following contracts are void. Which one is not?
a. Oral contract of partnership of three partners and capital
contribution is more than P3,000 in cash
b. Written contract contemplating impossible services
c. Oral contract of partnership where real estate is contributed as capital
d. Agent's authority to sell land is given orally.

19. When a third person assumes the payment of the obligation even without the
knowledge and consent of the debtor but with the consent of the creditor
a. There is novation
b. There is delegation if debtor is released
c. There is subrogation
d. There is expromission if debtor is released
20. Which of the following is not an element of legal compensation?
a. Debts to be compensated are due and demandable
b. There is controversy or adverse claim over any debts to be compensated
c. There are two or more debts of the same kind
d. There are two or more persons who are creditor or debtors of
each other.