BAMM-6201-2013T(UGRD) Law on Obligations &

Contracts

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 UGRD-BAMM6201-2013T

 Week 5: Prelim Exam

 PEXAM

Started on Thursday, 6
August 2020,
1:03 PM

State Finished

Completed on Thursday, 6
August 2020,
1:54 PM

Time taken 50 mins 37 secs

Marks 21.00/30.00

Grade 70.00 out of

100.00

Question 1
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The following are exempting circumstances, do not incur criminal liability but not
exempt from civil liability except:
Select one:
a. Insane person acting in lucid interval
b. Person under 9 years of age
c. Imbecile
d. Acting under compulsion of an irresistible force

Question 2
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________________________ conditions as to possibility which are those contrary to

good customs or public policy and those prohibited by law shall annul the
obligation which depends on them.
Select one:
a. Casual
b. Mixed
c. Impossible
d. Negative

Question 3
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Under obligations, an active subject, also known as the________________, who has

the power to demand the prestation
Select one:
a. Obligor
b. Complainant
c. Obligee or creditor
d. Debtor
Question 4
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Under kinds of period or term as to source, Article 1197 Par 3, in every case, the
court shall determine such period as may under circumstances have been
contemplated by both parties. Once fixed by the courts, the period cannot be
changed by them.
Select one:
a. False
b. True
Question 5
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_________________________ property is alienated to the creditor in satisfaction of a

debt in money shall be governed by laws of sales.
Select one:
a. None of the choices
b. Consignation
c. Payment by cession
d. Dation in payment

Question 6
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Mr. Chan broke a window of Ms Pat while playing pingpong. The accident would
have not happened had Mr Chan played far from the property of Ms Pat. In this
case, Mr Chan has no obligation to pay the damage caused to Ms. Pat by his act
although there are no pre-existing sources of obligation.
Select one:
a. True
b. False
Question 7
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General rule: Nullity of principal obligation, also nullify ____________________.

Select one:
a. None of the choices
b. Fulfillment
c. Damages
d. Penal clause
Question 8
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Under payment by Cession, the debtor may cede or assign his property to his
creditors in payment of his debts unless _______________________________.
Select one:
a. Insolvency of the debtor.
b. Initiated by the debtor and accepted by creditor.
c. There is stipulation to the contrary.
d. None of the choices

Question 9
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 Question text

Under subsidiary liability of a crime, innkeepers, tavern keepers or any other

persons or corporation, shall not be civilly liable for crimes committed in their
establishment.
Select one:
a. True
b. False
Question 10
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Under obligation to give, when a minor 18-21 entered into a contract without
parental consent , voluntarily pays the sum of money and delivers a fungible
thing in fulfillment of an obligation, there shall be no right to recover the same
from the oblige who has spent or consumed it in good faith.
Select one:
a. True
b. False

Question 11
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Under Pure Obligation: G.R. No. L-28602, 29 September 1970,The University of

the Philippines (UP) and Associated Lumber Manufacturing Company, Inc.
entered into a logging agreement whereby UP awarded logging concessions in
one of its properties in favor of the lumber company in consideration of
royalties, forest fees, etc. Sometime after, the lumber company failed to pay the
said fees despite demands. To avoid termination of the agreement, the lumber
company executed an "Acknowledgment of debt and Proposed Manner of
Payments" whereby it was expressly stated therein that UP had "the right and
power" to rescind the logging agreement in case of default of the lumber
company. Subsequent thereto, the lumber company was in default again. As a
result, UP informed the lumber company that it had rescinded the logging
agreement. The lumber company claimed that it is only through a judicial
 declaration that a contract can be rescinded. Does UP had the right to rescind
the contract even without declaration?
Select one:
a. Yes, the provision granting UP the power to rescind upon default of the lumber
company is valid even without any court intervention.
b. Yes, Send demand letter and afterwards a notice of rescission - A demand letter
should first be sent in order to place the other party in default. Subsequently, a
notice of rescission should be sent to the guilty party as the same is required by
law.
c. All of the choices
d. Yes, it is not always necessary for the injured party to resort to court for
rescission of the contract. In exercising the power of rescission, the injured party
is required to inform the other party of the termination.
Question 12
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Under Alternative Obligations, the following are the effects of loss or

impossibility of one or all prestations or when the debtor shall lose the right of
choice, when among the prestations whereby he is alternatively bound only one
is practicable except:
Select one:
a. Converted to simple and pure obligation
b. None of the choices
c. Creditor cannot claim for damages because it's the debtor's call.
d. The impossibility of the act must not be due to creditor's act

Question 13
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When only one prestation is agreed upon, but the obligor may render another
substitution, the obligation is ________________________.
 Select one:
a. Solidary
b. Facultative
c. Joint
d. Alternative
Question 14
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Under Estoppel, when oblige accepts the performance knowing its

incompleteness or irregularity and without expressing any protest or objection,
the obligation is deemed ____________________________.
Select one:
a. Incomplete
b. Suspended
c. Fulfilled/complied with
d. Demandable
Question 15
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A ______________________ is a meeting of minds between two persons whereby

one binds himself with respect to the other, to give something or to render
service.
Select one:
a. Contract
b. Laws
c. Obligation
d. Civil Liability
 Question 16
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Under Obligations with Penal clause, the following are the effects of penal clause
except:
Select one:
a. Substitute for indemnity for damages and payment of interest.
b. Creditor can collect other damages in addition to penalty, if the debtor
is guilty of fraud in the fulfillment of obligation.
c. Creditor cannot demand both performance and penalty at the same time.
d. Not exempt debtor for performance.

Question 17
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Under kinds of Penal clause as to purpose, _______________________ substitutes

the damages suffered by the creditor; the matter of damages is generally
resolved, and it represents the estimate of the damages that a party might
suffer from non performance of the obligation, thereby avoiding the difficulties
of proving such damages.
Select one:
a. Reparatory
b. Legal
c. Conventional
d. Punitive
Question 18
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 Question text

Substantial breach of contract is where part of obligation is performed and gives

rise to liability for damages.
Select one:
a. True
b. False
Question 19
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One of the requisites of prestation is that it must be possible, if not then the
obligation is ___________________.
Select one:
a. Legal
b. None of the choices
c. Demandable
d. Void

Question 20
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Under obligations with Penal clause, the penalty may be enforced only when it is
______________________ in accordance with the provision under Article 1226 par2.
Select one:
a. stipulated
b. fulfilled
c. performed
d. demandable
 Question 21
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The following are words indicating joint obligation except:

Select one:
a. Mancomunicada
b. In solidum
c. Prorata
d. We promise to pay
Question 22
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Elements of negligence are the following except:

Select one:
a. Duty on the part of the defendant to protect the plaintiff from injury of
which the latter complains.
b. An injury to the plaintiff through such failure
c. A person's conduct expected of a reasonably prudent person acting under similar
circumstances.
d. Failure to perform such duty as a prudent person.

Question 23
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Under Action for damages, recoverable for damages include any and all
damages that a human being may suffer. Responsibility for damages may be
divisible.
 Select one:
a. False
b. True
Question 24
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A car distributor placed an order for 20 luxury cars from a car maker company
provided that the latter deliver the goods within 12 months. It was expressly
agreed and stipulated in writing that full payment depended on the prompt
delivery of the goods. If the cars are delivered within the agreed period, the car
company acquires to right to demand full payment for the purchase and its
obligation to deliver is extinguished. Conversely, if the cars are not delivered
after the expiration of the period, does the obligation to pay by the car
distributor's extinguished?
Select one:
a. Yes as per pure obligation.
b. Yes as per conditional obligation.
c. No as per pure obligation.
d. No as per conditional obligation.

Question 25
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Mora means _________________.

Select one:
a. Obligation
b. Delay
c. Negligence
d. Prestation
 Question 26
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There is solidarity liability only when obligation expressly so states or when the
law or when the nature of the obligation requires solidarity.
Select one:
a. True
b. False
Question 27
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The following are exceptions of demand except:

Select one:
a. Period is not the controlling motive
b. Law so provides
c. Demand is useless
d. Express stipulation

Question 28
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In general rule, payment to a wrong third party is valid but obligation is not
extinguished even if in good faith of the debtor.
Select one:
a. True
b. False
 Question 29
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The following are kinds of negligence except:

Select one:
a. Culpa contractual
b. Culpa Levis
c. Culpa Aquilana
d. Culpa criminal
Question 30
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Even in the absence of demand, debtor incurs delay if he acknowledges his

delay. Request for extension of time for payment is not sufficient though, the
acknowledgement must be express.
Select one:
a. True
b. False
Under Quasi contracts, when funeral expenses are borne by the third person,
without the knowledge of the relatives who are obliged to give support to the
deceased, said relatives must reimburse to the third person, even without claim
was made by the third person.
FALSE
No liability for fortuitous events intervene.
TRUE
Under Action for damages, recoverable for damages include any and all damages
that a human being may suffer. Responsibility for damages may be divisible.
FALSE
Elements of Obligation where in there is power to demand the prestation or object.
(obligee/creditor)
Active Subject
Civil obligations arising from criminal offence must be governed by the penal laws
TRUE
__________________________is a kind of Prestation which consist in abstaining from
such act.
NOT TO DO
An employer may be civilly liable for the quasi delict or crime of his employee.
Diligence of Employers
Obligations derived from law are presumed.
FALSE
Crime/s without civil liability are the following except;
Civil obligations arising from criminal offense
___________________________is kind of conditional of obligation which depends upon
the will of the contracting parties, in the power of one party to realize or prevent
it.
POTESTATIVE
The following are effects of delegacion except:
Debtor is aware of insolvency at the time he deligated his debt
___________________ is a kind of indivisible obligation even the object or service may
be divisible, an obligation is indivisible if so provided by law or intended by
parties.
Legal
The following are requisites of a valid tender of payment except:
Must be conditional
The most natural way to extinguish obligation.
Payment or Performance
____________________________ is conditional type of obligation where an obligation
arises, but if the condition does not happen, obligation does not come to
existence.
Suspensive
The following are the effects if a third person payment which is not an interested
party with debtor's consent, except:
Third person is not entitled to full reimbursement