MIDTERM EXAM (Business Law)

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MYSTICAL ROSE COLLEGE OF SCIENCE AND TECHNOLOGY

POGONLOMBOY, MANGATAREM, PANGASINAN


COLLEGE OF BUSINESS ADMINISTRATION MAJOR IN HUMAN RESOURCE MANAGEMENT
BSBA-2A BUSINESS LAW(OBLICON)
MIDTERM EXAMINATION

NAME:__________________________ SCORE:______________

STRICTLY NO ERASURES
I-TRUE OR FALSE (2PTS EACH)
________1. From the viewpoint of the prestation, obligation may either be personal or real.
________2. Obligations arising from law are (not) presumed. Only those expressly determined in this Code or in
special laws are demandable.
________3. Damages are harm, hurt, or loss one acquires from an injury.
________4. If damage result from a person’s exercising his own legal rights, it is called damnum absque injuria or
damage without injury.
________5. Guardians not being liable for damages caused by the rumors or incapacitated persons who are under
their authority and live in their company is an example of quasi-delict.
________6. If a party allege some defect in a contract as a reason for invalidating it, it must be proved by him by
convincing evidence.
________7. Solutio Indebiti applies when payment is made through mistake.
________8. Delicts are not as broad as quasi-delicts because the former are punished only if there is a penal law
clearly covering them, while the latter include all acts in which any kind of negligence intervene.
________9. A legal tie is also called Vinculum Juris.
________10. In a quasi-contract, there is no consent but the same is supplied by fiction of law.

II- IDENTIFICATION (2PTS EACH)


________1. A person whose favor the obligation is constituted.
________2. Omission of the diligence which is required by the circumstances of person, place and time.
________3. It gives a right of action to compel or demand a performance.
________4. Power which a person has under the law to demand from another prestation.
________5. A juridical relation resulting from certain lawful voluntary and unilateral acts.
________6. Legal wrong to be redressed.
________7. A personal obligation to do or to render service.
________8. Refer to all other laws not contained in the Civil Code.
________9. The efficient cause which binds or connects the parties.
________10. An act or omission by a person, property or rights.

III- ESSAY- Answer the following problems. (10 PTS)


1. D is obliged to deliver bags of powder soap to C, 7 days from their agreement. On due date, D delivered
5 bags of powder soap mixed with chalk. What is the status of the agreement between D and C? (5 PTS)
2. D is obliged to give C a specific watch, a specific ring or a specific bracelet. The parties agreed that C will
have the right to choose the thing which will be given to him. Before C could make his choices the watch
and the ring are lost through D’s fault, successively. What is the right of C? (5PTS)

PREPARED BY: DAISY B. NATOC, LPT, MBA

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