Deptals Questions

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1.

The contract is entered into by contracting parties, and one of the parties is incapable of
giving consent.
a. Rescission because of the damage caused to the person incapacitated.
b. Void because there is no consent.
c. Voidable because there is consent although vitiated or defective.
d. Unenforceable only because the contract may be ratified.

2. Which of the following are rescissible contracts?


a. Those which are absolutely simulated or fictitious.
b. Those where one of the parties is incapable of giving consent to a contract
c. Those that do not comply with the statute of frauds
d. Those made by guardians when their wards suffer lesion by more than 1/4
of the value of the things which are the object thereof.

3. The following statements are the difference between rescissible contracts and and
voidable contracts?
a. In rescission, the action is principal; in annulment, the action is subsidiary
b. In rescission, the basis of its defectiveness is through lesion or damage; in
annulment, it is vitiated
c. In rescission, it is susceptible of ratification, then the contract between both
parties will be valid and enforceable; in annulment, the ratification is not the mere
remedy
d. None of the above

4. Harvey, an agent of Maya, sold Maya’s land to Juria, a friend of Maya, amounting to
P1,000,000. Harvey was only authorized to sell Kara’s land for at least P1,500,000. This
case is an unenforceable contract.
a. True, because Harvey acted beyond the authorization of Maya
b. False, because Harvey was authorized to sell Maya’s land
c. True, because Harvey sells the land to a friend of Maya
d. False, because it is a valid contract of sale

5. Jennie sold to Lisa his land for P2,000,000 and the illegal drugs for P15,000. Which is
true in the following cases?
a. The contract is unenforceable and can be enforceable through ratification
b. The contract is perfectly valid
c. The whole contract is void, therefore produces no force and effect
d. The contract is valid as to the sale of the land, but void as to the sale of the
illegal drugs
6. Statement I: The action or defense for the declaration of the inexistence of a contract
does not prescribe.
Statement II: A contract that is the direct result of the previous illegal contract, is also
void and inexistent.
a. Statement I is true and Statement II is false.
b. Statement I is false and Statement II is true
c. Both statements are true
d. Both statements are false

7. Which of the following is not an obligation demandable at once?


A. Pat promised to pay Rick ₱10,000
B. Rose binds herself to give a monthly allowance of ₱1,000 to Anne until she
graduates from college
C. Ping obliges himself to invest ₱1,000,000 to Pong company if the sale
increases by 3% at the end of the year
D. All of the following is an obligation demandable at once
E. All of the following is not an obligation demandable at once

8. Which of the following can give consent to the contract?


A. Deaf-mutes who know how to write
B. Unemancipated minors
C. Deaf-mutes who don't know how to write
D. A demented or insane person

9. Contracts shall be obligatory in whatever form they may have been entered into provided
all the essential Requisites for validity are present except:

Statements
I. When the law requires that a contract be in some form in order to be valid
II. When law requires contracts to be in some form to be enforceable
III. When law requires that a contract be in some form for the convenience of parties or
for the purpose affecting third person

A. 2 of the statements are correct


B. 2 of the statements are incorrect
C. All of the statements are correct
D. All of the statements are incorrect

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