RFBT Quiz 8

Statement 1: When the offerer has allowed the d.
The contract with lesion is valid except

offeree a certain period to accept, the offer when there is fraud, mistake or undue
maybe withdrawn at any time before acceptance influence.
by communicating such withdrawal, except
when the option is founded upon a consideration S, a minor, misrepresenting himself to be of age,
as something paid or promised. sold a parcel of land to B, who is of legal age.
Statement 2: Misrepresentation made in good May S successfully demand annulment of the
faith is not fraudulent but may constitute error. contract on the ground that he is incapacitated to
give consent because of minority? No, because
X, after the death of his father, sold his the contract is valid.
inheritance though its amount has not yet been
determined to B, for a consideration of P50,000. In order that a fraud may make a contract
The contract is valid even though nothing voidable:
remains of the inheritance to be turned over It should be serious and should have not have
to B. been employed by both contracting parties.
D owns a parcel of land which he wants to It is the thing, right or service which is the
donate to X. To avoid payment of donor’s tax, subject matter of the obligation. Object
he entered into a contract of sale with X.
The parties are bound by their true Contracts entered into a state of drunkenness or
agreement. during a hypnotic spell are voidable.
The process of intentionally deceiving others by X makes an agreement with Y whereby Y will
producing the appearance of a contract which is not file an action in court against X should X
different from the true agreement is: Relative commit fraud on the performance of his
simulation of a contract obligation. X committed fraud.
Y can bring an action against X for damages
It takes place when the parties do not intend to arising from fraud.
be bound at all by their agreement.
Absolutely simulated contract Statement 1: A 17-year old person is incapable
of giving consent.
Which of the following statements is wrong? Statement 2: A deaf-mute who does not know
a. Simulation of contract is the act of how to write but knows how to read is incapable
deliberately deceiving others, by of giving consent.
pretending by agreement the appearance
of a contract which is either non-existent Statement 1: A contract entered into during lucid
or concealed. interval is valid.
b. There may be sale of hope, but Statement 2: A contract entered into in a state of
subject to the condition that it will drunkenness is void.
come to existence.
c. Cause is the essential or principal Statement 1: Mistake as to substance of the thing
purpose or reason which the contacting which is the object of the contract vitiates
parties have in view at the time of consent.
entering into the contract.
Statement 2: Mistake as to quantity does not Statement 1: Future things may be the object of
vitiate consent. the contract.
Statement 2: A contract concerning future
Statement 1: There is intimidation when in order inheritance is void.
to wrest consent, serious force is employed.
Statement 2: there is violence when one of the S binds himself to deliver one of his horses to B.
contracting parties is compelled by a reasonable Statement 1: The object above is determinable
and a well-grounded fear of an imminent and without the need of a new contract between the
grave evil upon his person or property. parties.
Statement 2: The object above becomes
Statement 1: A threat to enforce one’s claim determinate the moment it is delivered.
through competent authority does not vitiate
consent. Statement 1: The statement of false cause in a
Statement 2: There is undue influence when a contract renders the contract void.
person takes improper advantage of his power Statement 2: It is not necessary that the cause be
over the will of another, depriving the latter of expressly stated in the contract.
reasonable freedom of choice.
Statement 1: Dolo causante shall make a
Statement 1: Incidental fraud is the fraud used contract voidable.
by the party to induce the other to enter into a Statement 2: Dolo incidente only obliges the
contract without which the latter would not have person employing it to pay damages
agreed to.
Statement 2: Incidental fraud only obliges the Statement 1: Contracts shall be obligatory, in
person employing it to pay damages. whatever form they may have been entered into,
provided all the essential requisites for their
S sold a ring to B. S honestly believed that what validity are present.
he sold to B was a diamond ring. It turned out it Statement 2: When, there having been a meeting
was not a diamond ring. of the minds of the parties to a contract, their
Statement 1: The contract is valid. true intention is not expressed in reason of
Statement 2: The contract is voidable on the mistake, fraud, inequitable conduct or accident,
ground of mistake. one of the parties may ask for the reformation of
the instrument.
D is indebted to C. Upon learning that C is
going to enforce his credit, D pretended to sell Which of the following statement is wrong in
his land to B, his friend. D did not receive a relation to the rules on interpretation of
single centavo for the transaction. contracts?
Statement 1: The contract between D and B is Doubts in gratuitous contracts shall be settled
void. in such a way that the greatest transmission
Statement 2: D and B are bounded by their true of rights and interests shall prevail.
agreement.
Statement 1: D for P10,000 mortgaged his land
to C. C instead of a deed of mortgage executed a
deed of sale and let D sign his name. D’s right is
to go to court and ask for annulment.
Statement 2: D obliged himself to give object X delivered his car to Y. It is not clear whether
No.1 or object No. 2 to C. In here, both objects the contract is a donation or a commodatum.
are due but the delivery of one extinguishes the Statement 1: The contract should be presumed
obligation. as commodatum.
Statement 2: Doubts in gratuitous contracts shall
Which of the following is not a requisite for the be settled in favor of the greater reciprocity of
reformation of instrument? interest.
Failure of intention is not due to mistake,
fraud, inequitable conduct or accident.
There shall be no reformation of contract in the

following cases, except:
Contract of mortgage executed as a contract
of sale.
S sells three objects: object 1 for 10,000; object

2 for 20,000; and object 3 for P30,000. B
purchased object no.2 by pointing to object no.
1. For B, it was object no. 2 that he purchased
from S. For S, it is object no.1 that he sold to B.
S and B executed a contract of sale with object
no. 1 as the object of the contract.
Statement 1: B may demand for the reformation
of the contract by changing the object o object
no. 2.
Statement 2: S may demand for the annulment
of the contract of sale since it is voidable due to
mistake.
Statement 1: Simple donation inter vivos

wherein no condition is imposed may be
reformed as to express the real intention of the
parties.
Statement 2: When one of the parties has
brought an action to enforce the instrument, he
cannot subsequently ask for its reformation.
Statement 1: The interpretation of obscure words

in a contract shall not favor the party who
caused the obscurity.
Statement 2: A contract of sale is an example of
a contract of adhesion.

RFBT Quiz 8

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RFBT Quiz 8

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Statement 1: When the offerer has allowed the d.

The contract with lesion is valid except

There shall be no reformation of contract in the

S sells three objects: object 1 for 10,000; object

Statement 1: Simple donation inter vivos

Statement 1: The interpretation of obscure words

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