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245507958-Multiple-Choice-Questions-in-Obligations-and-Contracts-by-Miles.docx

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  OBLIGATIONS AND CONTRACTS Multiple Choice Questions in 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 2.   This 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 3.   This happened when the creditor make a demand and the obligor fails to deliver the thing. a.   Negligence b.   M ora solvendi c.   M ora accipiendi   d.   C ompensatio morae  4.   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 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 6.   In A ccion 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 7.   In A ccion 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 ANSWER: D   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 ANSWER: D   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 ANSWER: D   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 ANSWER: B   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 ANSWER: B   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 ANSWER: B    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 ANSWER: C   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. ANSWER: B   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 ANSWER: B   10. Contracts entered into in a state of drunkenness or during a hypnotic spell are:  a. Void b. Valid c. Voidable d. Legal ANSWER: C  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 ANSWER: D   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 ANSWER: D   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 ANSWER: D   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 ANSWER: B   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 ANSWER: B   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 ANSWER: B   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 ANSWER: C   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. ANSWER: B   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 ANSWER: B   10. Contracts entered into in a state of drunkenness or during a hypnotic spell are:  a. Void b. Valid c. Voidable d. Legal ANSWER: C   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 ANSWER: A   12. Which of the following statements is false?  
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