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1. In January 2014, Samson, 17 years old, sold his only car to Ben, 21 years old. The sale was without the knowledge of Glenda,

1. In January 2014, Samson, 17 years old, sold his only car to Ben, 21 years old. The sale was without the knowledge of Glenda, the guardian of Samson. Assuming that an annulment case is filed today:

a. Samson may bring an action for annulment.

b. Glenda may bring the action for annulment.

c. Ben may bring the action for annulment

d. Annulment will not prosper, whoever may file it.

2. Which among the following contracts is void?

a. A contract of barter between Samson, insane, and Ben, 17 years old.

b. A contract of sale where Ben, the buyer, twisted the arm of Samson, the seller, so that Samson would sign the deed of sale.

c. A contract of sale where Ben, the buyer, aimed a gun at the wife of Samson, so that Samson would sign the deed of sale.

d. A contract for the sale of a cat which is suffering from a contagious disease.

3. Which of the following contracts is valid and enforceable?

a. An oral promise to answer for the default of another.

b. A donation and its acceptance in a private instrument of a parcel of land.

c. An oral lease of a mining equipment for more than two years.

d. An oral contract of sale of a necklace worth P400.00 between an insane and a minor.

4. Samson, 17 years old, sold his computer to Ben, 25 years old, for P48,000. The price is payable in 24monthly installments. After reaching 18, Samson continued to collect the remaining 12 installments until the price was paid in full.

a. Samson may still annul his contract with Ben.

b. Samson may no longer annul his contract with Ben.

c. Only Ben may annul the contract with Samson on the ground of incapacity of Samson.

d. Samson and Ben may annul the contract at the same time based on the incapacity of Samson.

5. Which of the following contracts involving real property is valid and enforceable although not in writing?

a. Sale of a piece of land for P50,000.

b. Lease of an agricultural lot for a period of 2 years at a monthly rental of P3,000.00.

c. Mortgage of a commercial lot to secure a loan of P50,000.

d. Donation and acceptance of a residential lot.

6. Which of the following must be in writing to be enforceable as required by the Statute of Frauds?

a. A subscription for 120 shares of stock of a corporation at P10,000 per share.

b. A contract for the construction of an office to start 5 months after the execution of the contract.

c. A contract for the lease of a commercial lot for a period of 10 months.

d. A contract whereby one agrees to pay another's debt if the latter defaults in his payment.

7. Alma entered into a contract with Ben whereby Ben not to testify in a criminal case filed against Alma in exchange for P100,000.00 to be given by Alma. The contract between Alma and Ben is:

a. void for being contrary to law.

b. void for being contrary to good customs.

c. void for being contrary to public policy.

d. is valid because one can choose not to testify against another in a crime.

8. The following contracts are void or inexistent, except:

a. those whose object is outside the commerce of men.

b. those which contemplate an impossible service.

c. those where the intention of the parties relative to the principal object of the contract cannot be ascertained.

d. those where one of the parties is guilty of fraud in performing his obligation.

9. If the illegal contracts between the parties is a criminal offense and both parties are guilty (in pari delicto) , such illegal contract shall produce the following effects, except:

a. The parties shall have no right of action against each other.

b. both parties shall be criminally prosecuted.

c. the effects and instruments of the crime will be confiscated in favor of the government.

d. the parties may recover what they have given if it is not illegal in itself.

10. If the illegal contract between the parties is a criminal offense but only one party is guilty, such illegal contract shall produce the following effects, except:

a. the guilty party will be criminally prosecuted.

b. neither party may compel the other to comply with his undertaking.

c. the instruments shall be confiscated in favor of the government.

d. the innocent party cannot recover what he has given.

11. Which of the following statements concerning ratification of a voidable contract is false?

a. Ratification extinguishes the action to annul a voidable contract.

b. Ratification cleanses the contract from all its defects from the moment it was constituted.

c. Ratification requires the conformity of the party who has no right to bring the action for annulment.

d. Ratification may be made by the guardian of the incapacitated person, or the incapacitated person upon attaining capacity, or the party whose consent was vitiated.

12. One of the following may not annul a voidable contract:

a. The party whose consent is vitiated by violence, intimidation, mistake, fraud or undue influence.

b. The incapacitated person when he attains capacity.

c. The guardian during the ward's incapacity.

d. The party who is capable of entering into a contract.

13. The following contracts are unenforceable, except:

a. those entered into by one who has no authority or legal representation.

b. those that do not comply with the Statute of Frauds.

c. those where both parties are incapable of giving consent to a contract.

d. those where the consent of a party is vitiated by violence, intimidation, mistake, fraud or undue influence.

14. The Statue of Frauds applies only to:

a. wholly executed contracts.

b. contracts wholly or partially executed on the part of the creditor.

c. contracts wholly or partially executed on the part of the debtor.

d. wholly executor contracts.

15. The defective contracts arranged according to the degree of their defectiveness from the least defective to the most defective are:

a. voidable, rescissible, unenforceable, and void contracts.

b. rescissible, unenforceable, voidable, and void contracts.

c. rescissible, voidable, unenforceable and void contracts.

d. unenforceable, rescissible, voidable, and void contracts.

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