Question
___ 1. Statement 1: The cession, repudiation or renunciation of hereditary rights is invalid if not in in a public instrument. Statement 2: The power
___ 1. Statement 1: The cession, repudiation or renunciation of hereditary rights is invalid if not in in a public instrument. Statement 2: The power to administer property is valid even if not in public document.
a. Only statement 1 is correct.
b. Only statement 2 is correct.
c. Both statements are correct.
d. Both statements are incorrect.
___ 2. A contract which is required by law for its efficacy to be in a certain specified form.
a. informal contract
b. common contract
c. simple contract
d. solemn contract
___3. Sean sold his 500 square meter lot to Brent. However, the deed of sale signed by the parties showed a total area of P5,000 square meters due to the secretary's mistake. Later, sean discovered the mistake. What remedy is available to either party?
a. annulment
b. rescission
c. reformation
d. declaration of nullity of the contract
___ 4. Statement 1: A simple donation inter vivos with no condition imposed may be reformed. Statement 2: A donation which is onerous in character may be reformed.
a. Only statement 1 is correct.
b. Only statement 2 is correct.
c. Both statements are correct.
d. Both statements are incorrect.
___ 5. Statement 1: A will cannot be reformed anymore after the death of the testator. Statement 2: A party who brings an action to enforce the contract may not ask thereafter to ask for its reformation.
a. Only statement 1 is correct.
b. Only statement 2 is correct.
c. Both statements are correct.
d. Both statements are incorrect.
___ 6. Statement 1: Reformation is not available if the contract is void. 2: Reformation is a remedy availed of to express the real intent of the parties to a contract whether oral or written.
a. Only statement 1 is correct.
b. Only statement 2 is correct.
c. Both statements are correct.
d. Both statements are incorrect.
___ 7. It is the determination of the meaning of the terms or words stated in the written contract to determine the intention of the parties
a. construction of contracts
b. reformation of contracts
b. interpretation of a contract
d. none of the above
___ 8. Statement 1: A written contract should be, in case of doubt, be interpreted against the party who just adhered to it. 2: When the words and clauses of a written contract are in conflict with the manifest intention of the parties, the former should prevail over the latter.
a. Only statement 1 is correct.
b. Only statement 2 is correct.
c. Both statements are correct.
d. Both statements are incorrect.
___ 9. Statement 1: Where in a contract a conflict exists between a general and special provision relating to the same subject matter, the latter should prevail over the former. Statement 2: If in a contract the doubt refers to the principal object of the contract and it cannot be resolved, leaving the intention of the parties unknown, the contract shall be null and void.
a. Only statement 1 is correct.
b. Only statement 2 is correct.
c. Both statements are correct.
d. Both statements are incorrect.
___ 10. Statement 1: If the doubts refer to incidental circumstances of gratuitous contract, such interpretation should be made which would result in the greatest transmission of rights and interests.2: If the contract in question is onerous, the doubts should be settled in favor of the least transmission of interests .
a. Only statement 1 is correct.
b. Only statement 2 is correct.
c. Both statements are correct.
d. Both statements are incorrect.
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