(61-90)
61. Dina bought a car from Jai and delivered a check in
payment of the
same. Has Dina paid the obligation? Why?
a) No, not yet. The deliver/ of promissory notes payable to
order, or bills of exchange or other mercantile documents
shall produce the effect of payment only when they have
been cashed, or when through the fault of the creditor
they have been impaired.
b) Yes, because a check is a valid legal tender of payment.
c) It depends. If the check is a manager's check or
cashier's
check it will produce the effect of payment. If it's an
ordinary check, no payment.
d) Yes, because a check is as good as cash.
62. The following are the requisites of legal compensation,
except:
a) That each of the obligors is bound principally and that
he
be the same time a principal creditor of the other.
b) That debts consist in a sum of money, or if the
things due are consumable, they be the same kind, and
also of the same quality if the latter has been stated.
c) That the two (2) debts are not yet due.
That they be liquidated and demandable.
63. Which of the following statements is correct?
a) All contracts are perfected by mere consent.
b) All contracts are perfected by delivery of the object.
c) All contracts are required to be in writing.
d) All contracts are required to have a valid consideration.
64. It is a principle which holds that parties are bound not
only by what
has been expressly provided for in the contract but also to
the natural
consequences that flow out of such agreement.
a) Obligatory force of contracts
b) Mutuality of contracts Jcivil Law Page 16 of231
c) Autonomy of contracts
d) Relativity of contracts
65. It is a principle which holds that contracts must be
binding to both
parties and its validity and effectivity can never be left
to the will of
one of the parties.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
66. It refers to the rule that a contract is binding not
only between parties
but extends to the heirs, successors in interest, and
assignees of the
parties, provided that the contract involved transmissible
rights by
their nature, or by stipulation or by law.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
67. It is a rule which holds that the freedom of the parties
to contract
includes the freedom to stipulate, provided the stipulations
are not
contrary to law, morals, good customs, public order or
public policy.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
68. The following are the ways by which innominate contracts
are
regulated, except:
a) By the stipulation of the parties.
b) By the general principles of quasi-contracts and delicts
c) By the rules governing the most analogous nominate
contracts.
d) By the customs of the place.
69. An offer becomes ineffective on any of the following
grounds, except:
a) Death, civil interdiction, insanity/insolvency of either
party
before acceptance is conveyed.
b) Acceptance of the offer by the offeree.
c) Qualified/conditional acceptance of the offer, which
becomes counter-offer.
d) Subject matter becomes illegal/impossible before I civil
Law Page 17 of231
acceptance is communicated.
70. Which of the following statements is correct?
a) Offers in interrelated contracts are perfected upon
consent.
b) Offers in interrelated contracts require a single
acceptance.
c) Business advertisements are definite offers that require
specific acceptance.
d) Advertisements for Bidders are only invitations to make
proposals and the advertiser is not bound to accept the
highest/lowest bidder, unless it appears otherwise.
71. The following are solemn contracts (Contracts which must
appear in
writing), except:
a) Donations of real estate or of movables if the value
exceeds P5,000.00.
b) Stipulation to pay interest in loans.
c) Sale of land· through an agent (authority must be in
writing).
d) Construction contract of a building.
72. The following are rescissible contracts, except:
a) Entered into by guardian whenever ward suffers damage
more than Y.t of value of property.
b) Agreed upon in representation of absentees, if absentee
suffers lesion by more than Y.t of value of property.
c) Contracts where fraud is committed on creditor (accion
pauliana.).
d) Contracts entered into by minors.
73. The following are the requisites before a contract
entered into in fraud
of creditors may be rescinded, except:
a) There must be credit existing prior to the celebration of
the contract.
b) There must be fraud, or at least, the intent to commit
fraud to the prejudice of the creditor seeking rescission.
c) The creditor cannot in any legal manner collect his
credit
(subsidiary character of rescission)
d) The object of the contract must be legally in the
possession of a 3rd person in good faith.
7 4. The following are the characteristics of a voidable
contract, except: lcivil Law Page 18 of231
a) Effective until set aside.
b) May be assailed/attacked only 1n an action for that
purpose.
c) Can be confirmed or ratified.
d) Can be assailed only by either party.
75. The following are void contracts, except:
a) Pactum commissorium
b) Pactum de non alienando
c) Pactum leonina
d) Pacta de retro
76. The borrower in a contract of loan or mutuum must pay
interest to the
lender.
a) If there is an agreement in writing to that effect.
b) As a matter of course.
c) If the amount borrowed is very large.
d) If the lender so demands at the maturity date.
77. The liability of the school, its administrators and
teachers, or the
individua1, entity or institution engaged in child care over
the minor
child for damage caused by the acts or omissions of the
unemancipated minor while under their supervision,
instruction or
ctJstody shall be:
a) Joint and subsidiary
b) Principal and solidary
c) Principal and joint
d) Subsidiary and solidary.
78. The creditor has the right to the fruits of the thing
from the time:
a) the thing is delivered.
b) the obligation to deliver the thing arises.
c) the contract is perfected.
d) the fruits are delivered.
79. If one of the parties to the contract is without
juridical capacity, the
contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
80. When both parties to the contract are minors, the
contract is: lcivil Law Page 19 of231
a) voidable
b) rescissible
c) void
d) unenforceable
81. When the consent of one of the parties was vitiated, the
contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
82. An obligation which is based on equity and natural law
is known as:
a) pure
b) quasi-contract
c) civil
d) natural
83. Consent was given by one in representation of another
but without
authority. The contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
84. Michael Fermin, without the authority of Pascual Lacas,
owner of a
car, sold the same car in the name of Mr. Lacas to Atty.
Buko. The
contract between Atty. Buko and Mr. Lacas is ---
a) void because of the absence of consent from the owner,
Mr. Lacas.
b) valid because all of the essential requisites of a
contract
are present.
c) unenforceable because Michael Fermin had no authority
but he sold the car in the name of Mr. Lacas, the owner.
d) rescissible because the contract caused lesion to Atty.
Buko.
85. Which of the following contracts is void?
a) An oral sale of a parcel of land.
b) A sale of land by an agent in a public instrument where
his authority from the principal is oral.
c) A donation of a wrist watch worth
d) A relatively simulated contract. I civil Law Page 20 of
231
86. Which of. the fbllowing expresses a correct principle of
law? Choose
the best answer.
a) Failure to disclose facts when there is a duty to reveal
them, does not constitute fraud.
b) Violence or .intimidation does not render a contract
annuliable if employed not by a contracting party but by a
third person.
c) A threat to enforce one's claim through competent
authority, if the claim is legal or just, does not vitiate
consent.
d) Absolute simulation of a contract always results in a
void
contract.
87. Aligada orally offered to sell his two-hectare rice land
to Balane for
P1 OMillion. The offer was orally accepted. By agreement,
the land
was to be deliyered (through execution of a notarized Deed
of Sale)
and the ·price was to be paid exactly one-month from their
oral
agreement. Which statement is most accurate?
a) If Aligada refuses to deliver the land on the agreed date
despite payment by Balane, the latter may not
successfully sue Aligada because the contract is oral.
b) If Aligada refused to deliver the land, Balane may
successfully sue for fulfillment of the obligation even if
he
has not tendered payment of the purchase price.
c) The· contract between the parties is rescissible.
d) The contract between the parties is subject to
ratification
by the parties.
88. Which of the following statements is wrong?
a) Creditors are protected in cases of contracts intended to
defraud them.
b) Contracts take effect only between the parties, their
assign and heirs, except in case where the rights and
obligations arising from the contract are not transmissible
by their nature, or by stipulation or by provision of law.
c) If a contract should contain some stipulation in favor of
a
third person, he may demand its fulfillment provided he
communicated his acceptance to the obligor before its
revocation.
d) In contracts creating real rights, third persons who come
into· possession of the object of the contract are not
bound thereby.
89. Which phrase most accurately completes the statement
-Any third I civil Law Page 21 of23J
person who induces another to violate his contract:
a) shall be liable for damages only if he is a party to the
same contract.
b) shall be liable for damages to the other contracting
party.
c) shall not be liable for damages to the other contracting
party.
d) shall not be liable for damages if the parties are in
pari
delicto.
90. The requisites of succession are as follows, except:
a} Death of decedent
b) Transmissible estate
c) Existence arid capacity of successor, designated by
decedent or law
d) Payment of Taxes