Bl .quiz

QUIZZER 1

LAW ON OBLIGATIONS AND CONTRACTS

. I

1' J.ua1 agreed with his creditor James, that in case Juan fails to pay his loan, he will serve as a servant the house of James. which of the following statements is not correc b$.,r, o: aliln for damages should be brought by James in cas-e of non-compliance by Juan

t?

t

inl

of their

stioulation

&'*stipulation

is valid lf the services

will be rendered in satisfaction of the loan for being contrary to law and morals p d' lf the services will be compensated specific performance of the service will be the proper remedy in - case of non-compliance. 7-

c. stipulation

,

,.

2' A juridical relation resulting from a lawful, voluntary, and unirateral act and which has for its purpose the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the exper)sil

of another.

a. law " b. contract

U

is void

>

quasi-contract

,-*

d. quasi-delict'

t

3' 1st statement - lndustrial fruits are those produced by lands throughglliyation. z T 2nd statement *Acquittal in the crimin.i."r" will bxcuse the accused from civil liabilityf,

a.

,t[

False,

falser

True, false

c. True,

true

d. False, true

'

I

4' The obligation to return what was not tarafully required is governed by the principle of: a. negotiorum gestio,;

.hsolutio indebiti c. res perit domino x d. accion subrogatoria

.

5' The creditor has a right to the fruits of the thing subject matter of the obligation:

from the perfection of the contracq-:r eL b. from the time the fruits are physicJfuelivered to him o s;tfromthe time the obligation to delivJr the principalthing arises d. from the moment of the meeting of the minds a.

6.

who is liable for the loss of the subject matter by fortuitous event?

Vnobody b. creditor upon perfection c. debtor

d. both creditor and debtor proportionately

7' lst Statement - lf the obligation consists of giving a specific thing, the 6editor is entitlecl to its fruits and accessories ''[ 2nd statement - The creditor has a right to the fruits of the thing from the time the fruits have beerr

delivered f a. False, false

True, false c. True, true

"E

d. False, true

Brdstahrneot-'

aicrE@fu*inn*nant hcr.o

right to sue for damages arising from fraud

a.

False, false True, false c. True, true d. False, true

asye*l- F

ionsardarrynrdrrcrd

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9' Juan mistakenly received P100,000 instead of P50,000. ln this situation, Juan is obligated to return P50,000, and his obligation is governed by:

.

a. Contractsx h,-Quasi-delicts! c"

Law I

-ck Quasi-contracts 1'0" Lst

-

statement

*

lf the debtor is obligated-to do something and fails to do it, the creditor may sue him for specific performanc"S f 2nd statement - Mora accipiendi is one which is the delay on the part of the creditor to accept the performance of the obligation T

a" False, false b" True, false

true /<-False, true c. True,

I 1" lt is the failure to observe the care that the law requires to be observed in a given situation.

a. Due care

J'

/.

Negligence

c. Culpa criminal

--I 2' l st statement

- All rights acquired in virtue of an obligation are generaly transmissib le.a 2nd statement - one of the requisites for a quasi-delict is that there should be prg-existing e coglractual nelationship between the tortfeasor and the victim. tu

&

t

e

f

a" Wrong, wrong l1. Correct, wrong c. Cornect, correct ri . Wrong, Correct

13' An action for the rescission of contracts entered into by debtors to defraud creditors. a. accion publiciana b" accion quanti minoris zf,accion pauliana d. accion reinvidicatoria

l_,

i4'

h

When a person voluntarily takes charge of the neglected business of ansther without the latter,s authority where reimbursement must be made for necessary and useful expenses, there is a: n. delict

7tf c" cl.

negotiorum gestio

contract L solutio indebiti

r

'tr li' The delay which is tantamount to non-fulfillment of the obligation which arises after an extra-judicial or judicialdemand has been made upon the a. mora

debtor:

C

.if. ordinary delay c. legal delay rJ"

\ \

extra-ordinary delay

F.-

16' 1st STATEMENT- when what is to be delivered is a specific thing the creditor may compel the debtor to make the delivery and if the debtor refuses, the.r"oi#'rir;asi'1.1.].i;l obtigation be complied with at the expense of the debtor.

J

2nd sTATEMENT * "Genus Nuquam Peruit" works as an exception to the fortuitous event a. Both statements are false.

rule

t

Egotnstatements are true.

z

c. First false, second true. d. First true, second false.

to paint the house of James. This is an exampre of; a. Realobligation x b. Negative personalobligation :z ,r, -?ositive personalobligation d. Unilateralobligation ra 17

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'

Juan agreed

18' Juan promised his dog to James on Jr$e L, 20L4 to be delivered on June possession of Juan, the dog gave birth to puppies

1L 20L4. - while still in rhe zol4. tn this .rE-,'d' Juan is entitled to the puppies because they were born beiore his obligation to deliver the dog arises. b. Juan is entitled to the puppies as James has not made any demand for delivery. c' James is entitled to the puppies which were born after the perfection of the contract. d' James is entitled to the puppies because the creditor is entitled to the fruits of a specific thing on June 2s,

although nothing has been mentioned in the agreement.

19' Using the same facts as given above, supposing the puppies were born an July l,2a14,who shall be entitled to the same? a' Juan is entitled to the puppies because they were born before his obligation to deliver the dog arises" b,.!uan is entitled to the puppies as James has not made any demand for delivery. c' James is entitled to the puppies which were born after the perfection of the contract. S' James is entitled to the puppies because the creditor is entitted to the fruits of a specific thing from the time the obligation to deliver the thing arises. 20' supposingJuan

@,t dog to James for P10,000 and the puppies were born on June 20, zo14-t because.thev were born berore his obrigation to deriver the dos arit:;r|5. Ib. i::: Juan :: is ::::::i:: entitled to :3 puppies as Francisco has not paid the lrl!:* price. .r rs -s,

the ' .*ames is entitled to the puppies which were born after the perfection

d'

4vta:

of ttre contract.

to be entitled to the puppies, should pay additional cost for the puppies to be agreed upon by both parties. James in order

2I" which of the following islpotan obligat'ion of a debtor obliged to deliver a-$ecific thing? a. to deliver the accessories arthough not mentioned in the agieement b. take care of the thing with the dirigence of a goof father of a tamity c. to pay damages incase of legal delay fio detiver another object of the same kind in case of ross. 22' Anything paid or delivered before the arrival of a period can be recovered by the debtor who paid mistake up to the extent of: a. interest '/interest and other fruits b. without interest d. may not be recovered

h,s

23' Juan ordered James, a ten-year old boy, to climb a slippery tree, and promised to share with hinl part of the fruits' James fell and was killed. Juan is liable for damages because or rris iaurt or negligenc*, which is referred to as a:

.a. Contracts --bduasi-delicts c. Law d. Quasi-contracts

V

24' F and M are the parents of! a government employee who is married to D. f is an employee of a pr-ivate firrn, rvhire M is a housewife. whire S was on out-of-to*n arrigr*"r;:;;;'.;;;;; r thr hospital for medical treatment by F and M, her parents-in-raw. I The hospitar wants to collect nor from F and M for the medical expenses. {h., a. Only F is liahle because he is the one employed. f-*rD b' Both F and M are liable because it was they who brought D to the c^ only s, the husband of D, is liable as he is the one obliged by law tohospital. his wife.r d' The three of tl'rem is liable because they belong to the same familysupport ,rra obligated by Iaw to support D. ' "r* 25" The following are obligations imposed by law, except; a. Ohligation to support one,s spouse and children.

tr"

/

obligation tq-pay license fees before one can engage in business./ c. {bligation to pay tuition fees to a schoor where one is enrolred. to take the cPA Licensure q]l*'tion Examination before one can practice public / accounting.

',L

Teodoro leased an apartment owned by Orlando for two years. He pays a monthly rental amounting to P10,000.00. the obligation of Teodoro to pay the rental of the apartment is an r:bligation arising from:

,1.

p c. d.

Law. Contract. Quasi-contract. Quasi-delict.

?7. The prestation in the preceding number is: F The apartment owned by Orlando.

,+{ c. d.

The payrnent of the monthly rental by Teodoro. Orlando, the owner of the premises. X T'eodoro, the tenant. ;5,

2E A

iuridical relation arising from certain lawfrrl, voluntary and unilateral acts, and which has for its purpose the payment of indemnity to the end that no one shall be unjustly enriched at the cxpense ofanother.

a. Jt' c. d. ?{)"

Quasi-delict Quasi-contract Qausi-tradition Quasi-relation

The neturn of what has been paid by mistake is known as: a. Negotiorum gestio. >

-&(

c. ci.

Solution indebiti.

Quai-delict., aquiliana.

Culpa

r"

2* 30' I] went to s Grocery Store to buy some goods. He handed to the cashier 5 pieces of p1,000 bill {'or the goods worth P4,700'00 that he purchased. shortly upon arriving home, he noticed that the cashier gave him a change of P600.00 consisting of pieces p200 a of iitt, o. an excess change of P300"00' The receipt indicated that only P4,700.00 wortrr of goods were purchased. / B is obliged to return the excess of P300.00 because it is a case of payment that is nor due.

Ir.

B is not obliged to return the excess because it was not his fault that he received an

excess ofP300.00.

x

d.

B is not obliged to return the excess of P300.00 since the cashier will have no way ili knowing that an excess amount was given to B. ,u B is not obliged to return the excess because the receipt did not indicate that there w;r:; an excess payment v

31' The voluntary administration of the property, business or affairs of another without his con:;**r is known as:

a. Solurion indebiti. .X. Negotiorum gestio. c. Agency. d. Unauthorized contract. 32'f) and c are the owners of neighboring stalls in Divisoria. D got sick and had no o*e te,tl tu iri:; store"which contained some perishable items, when c noticed that D hacl not heetr ar.u*riri

already for almost a week, c had that perishable items owned by D placed in a colcl stur.aglu rr., preserye them. C incurred p1,000.00 for the purpose. -x' D must reimburse p1,000.00 to c since he was benefited by the act of c. b' D has no obligation to reimburse c since he did not authorize c to place the per.islrah]t: items in a cold storage. x) c' D must reimburse P1,000.00 to c because c had an authority to clo so they h.i*1,i neighbors,> d' D need not reimburse PL,000.00 to c because no one should intrude into the afthir:; sn. business ofanother. ,

33. Negotiorum gestio and solution indebiti are examples of: Quasi.delict&r Quasi-contract.

a.

c. Quasi-tradition. d. Quasi-relation.

34. These statements are presented to you: L A quasi-contract is an implied contract. II' A contract is the result of the conformity of wilrs of the parties. ln your evaluation of the foregoing statements: Both statements are true. fb. Both statements are false. c. Only Statement I is true. d. Only Statement II is true.

35' D stole the carabao of c' d was arrested, tried and convicted. He was orderecl by the c*ur.t return the carabao. D's obligation to return the carabao is an obligation arising frorn:

{(]l

a. Quasi-contract. p Quasi-delict. c. Crime. d. Law.

36' Refer to the preceding number. Before D could return the carabao, it fell into a r.av!'e r,vitli*irr his fault and died. which of the folowing statements is incorrect? ,{ D's obligation to c is extinguished because the loss is due to fbrtuitous everrt. b. D must still pay for the value of the carabao. c' D must still pay foe consequential damages even if the carabero was not d' D may be imposed a prison term or other penalty even if the carabao lost. was n.t losr.

\ 37. D and his playmates were playrng basketball on a vacant lot When D took the bat, he stuc* so hard that the ball flew and broke the glass window of N, his neighbor. In this case, D shall be liable to N for damages arising from:

?" h. c^

d'

Quasi-delict. Quasi-contract. Crinre. D is not liable at all, because the damage to the window was accidental.

:3tj. D, 30 years old, asked B, a 1O-year old boy,

to climb a coconut tree with a promise to give him P5.00 for every coconut picked. B climbed the tree but he fell and died. D is obliged to pay damagges to the heirs of B on the basis of: ;{ quasi-delict.

tl. c. d. :"ic]. xt

Quasi-contract. p Acts and omissions punished by law.1 D is not liable because it was not through his negligence that B fell to his death.

is a thing that is particularly designated or physically segregated from all others of the same

class.

a. b. { d.

(r 4.fi"

'{

Generic thing.

Indeterminatething. Determinate thing. Specialthing.

Which of the following is not a determinate thing? a. My dog named "Spott;/'. ii. l,ancer car with engine no. A23867, body no. 898675, and plate no. cBV-785. c. The wristwatch I am wearing. .d. Twent5z saeks ofrice.

l. In an obligation to give a determinate thing the debtoc in addition to the obligation to deliver the thing agreed upon, has ffiGEligation to: a. Care for the thing before its delivery. b" Deliver its accessions and accessories. c. Deliver its fruits. ,- All of the above.

At\

'f L"

A person obliged to give a determinate thing is also obliged to take care of the thing with: a. The good diligence of a father of a family.

tr. The diligence of a father of a good family. ;z The cliligence of a good father of a family. d. Extraordinarydiligence. da 'f,.).

They refer to the spontaneous products ofthe soil and the young and other products ofanimals.

d b. c. d.

Naturalfruits Inrlustrial fruits Civil fruits Legal fruits

44' The rice, corn and other products of land that come into existence through human labor are cxamples of:

a. b. (:.

Natural fruits Civil fruits Legal fruits

--

.*

Industrial fruits

45' They refer to the products of a iuridical relation such as the rents of buildings, the rice of [cas*; of lands and other property, and the amount of perpetual or life annuities or other simii;.rr income.

& Civil fruits b. Natural fruits c. Legal fruits d. Industrial fruits 46. The obligation to deliver arises: a' upon perfection, if the obligation is one without a suspensive term condition.

b' c' 1k

or

suspensivt-r

upon the happening of the condition, if the obligation [s subject to a s^uspensivr: condition. r upon the arrival of the term, if the obligation is subject to a suspensive period. z Alloftheabove,

Items 47 to 50 are based on the following data:

on4Ig!!L !-201LD

D

--- C*rf c

n,wo,

promised to give his agricuttural rot ro rr=r"Jti* gu. Examinari**. c september 20,}ori..The resutt of your examination was release
c,rt

47.-The obligation of D to give his agricurturar Iot of c arose:

a.

*br

On August 1,ZO|Z.

On September Z},ZOLZ.

4-

;fr

c. 0n April 18,2013. d' At any time after Aprir L8, 2013 when D had taken his oath as a new

48.

C

lawyer.

shall be entitled to the crops ffruitsJ that had grown on the rice fiend starting fiom; rr4 August 1,2012. b.

September 2A,201.2.

c.

April lB, 20t9.

d.

The time when

C has

taken his path as a new lawyer.

49' The right of c to demand the deliveryof the agriculturar rot and the crops from the time rhe obligation to deliver the lot arose is known as: a. Real right. # Personalright. ' c. Civil right. d. Natural right. 50' Assume that D actually delivered the agricultural lot and the crops to c on May 1,2012^on sut.lr date, what right was acquired by c over the agricurturar lot and the crops?

.

-x Real right b. Personal right c. Civil right d. Industrial right