Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

1. While playing softball with his friends, Michael broke the window glass of Trevor, his neighbor. Michael is under obligation to pay the damage caused

1. While playing softball with his friends, Michael broke the window glass of Trevor, his neighbor. Michael is under obligation to pay the damage caused to Trevor. What is the source of Michael's liability?

a.Contract

b.Quasi-contract

c.Quasi-delict

d.None of the above.

2. Maria lent money to Mario in the amount of Php 50,000.00. Their transaction was covered by a Contract of Loan which included an agreement for the payment of interest regardless of the existence of default. When the obligation became due and demandable, Mario refused to pay interest because according to him an obligation to pay interest is a legal obligation such that if he pays interest, Maria will be required to return anyway it because it would be a payment by mistake. Given the situation, what is true:

a.Mario should pay because it is his contractual obligation to do so.

b.Mario should pay because it his legal obligation to do so.

c.Maria cannot require payment of interest because it will result to solution indebiti.

d.Maria cannot compel Mario to pay interest because there is yet no delay.

3. Based on facts in No. 2, if Mario and Maria agreed on a period within which to pay the amount of Php 50,000.00 which is not later than on Baguio Day, 2021. If Baguio Day is already over, what situation is true?

a.Because they agreed on period, Mario is already in delay as Baguio Day 2021 is already.

b.Because they agreed on a definite day on which Mario will pay and he failed to do so, he is already in delay.

c.Because Maria appears not to have waived her right to make a demand, there is yet no mora solvendi.

d.Because a contract of loan gives rise to reciprocal obligations, neither Mario nor Maria is in delay.

4. Which of the following propositions of Maria is not true:

a.Because she is a Duterte fan, she will follow laws only when it is passed by the Office of the President.

b.Regardless of which competent authority will pass a law, Maria is duty bound to follow.

c.Maria even if she has not read the law when it was published in the Official Gazette is presumed to know the law.

d.Maria needs to follow laws because it is her contribution to a well-ordered society.

5. Which of the following situations captures the situation where a law is permissive:

a.The Bureau of Internal Revenue can at any time postpone the deadline for the payment of tax.

b.The penalty of imprisonment which could be imposed on an accused could be shortened at the discretion of the Judge.

c.Parties to a contract of sale could agree on the payment of the consideration at a later time even as a contract of sale gives rise to reciprocal obligations which be performed simultaneously.

d.The parties to a contract can agree on the waiver of the right of action arising from the commission of a future fraud.

6. Which is of the following is not true with respect to how a bill becomes a law:

a.It must be approved by a competent authority.

b.An enrolled bill becomes a law only with the approval of the Office of the President.

c.The new law must be published in its entirety in a newspaper of general circulation once a week for three consecutive weeks.

d.As a rule, the bill must be approved by both of the Houses of the Philippine Congress.

7. Consistent with the instructions of the barangay officials, Maria caused the cleaning of the grounds of Mario's property while the latter in confinement at the Notre Dame Hospital due to Covid. What is the source of obligation?

a.Law

b.Contract

c.Quasi-Contract

d.Delict

e.Quasi-delict

8. Maria went to SM for window shopping. Whereupon, a falling debris from the portion of the mall being constructed fell on her head for which reason she sustained injuries. What is the source of obligation?

a.Law

b.Contract

c.Quasi-Contract

d.Delict

e.Quasi-delict

9. Manong Food Panda Driver delivered the pizza you ordered to Room 302 instead of Room 303 of Patria de Baguio Building. The Pizza Company is duty bound to reimburse your Gcash payment for the pizza. What is the source of obligation?

a.Law

b.Contract

c.Quasi-Contract

d.Delict

e.Quasi-delict

10. Maria must honor the contract of lease entered into between Mario from who she bought the property and his lessee Myrna. What is the source of obligation?

a.Law

b.Contract

c.Quasi-Contract

d.Delict

e.Quasi-delict

11. Mario was found guilty of cattle rustling because he stole the only carabao which Juan uses to plow his farm. Mario was ordered by the Honorable Court to return the carabao to Juan. What is the source of obligation?

a.Law

b.Contract

c.Quasi-Contract

d.Delict

e.Quasi-delict

12. Mario took the Victory Bus Liner to go to Manila, his baggage was deposited under the bus. When he arrived at his destination, his baggage was nowhere to be found. If Mario will compel the bus company to pay damages, what could be the source of obligation of the bus company. What is the source of obligation?

a.Law

b.Contract

c.Quasi-Contract

d.Delict

e.Quasi-delict

13. Based on the facts in No. 12, which of the following is not true:

a.The diver of the bus is obligated to transport the passenger to his destination with extraordinary diligence.

b.In a contract of common carrier, the driver is expected to exercise extraordinary diligence which extends even to the baggage of the passenger.

c.If the passenger sustains injury following an accident, he is entitled to damages.

d.In a contract of common carrier, the right to collect damages could arise from contract, delict and quasi-delict.

14. Which of the following is not considered as a quasi-contract?

a.Solutio indebiti

b.When the third person without the knowledge of the debtor, pays the debt of the latter.

c.Negotiorum Gestio

d.Reimbursement due the person who saved the property during fire or storm without the knowledge of the owner.

15. The following are generic things except:

a.The sum of P5,000.00

b.A kilo of sugar

c.A red 2015 Toyota Vios car

d.My only car

16. Joseph, a painter who is noted to be the best in his field of expertise, for which reason his services were engaged binds himself to paint the house of Jobert on Sept. 20, 2020 but he later refuses to paint the same on the agreed date. What are the remedies of Jobert?

a.Demand specific performance

b.Get another painter to do the job at Joseph's expense

c.Recover Damages

d.B and C only

17. The following obligations are demandable at once except:

a.Pure obligations

b.Obligations subject to suspensive conditions

c.Obligations subject to resolutory conditions

d.Obligations subject to resolutory periods

18. Donna promised to pay Cara the sum of P20,000. on or before November 8, 2020 without the need of any demand. If Donna fails to pay on November 8, will she be liable for damages?

a.No because she is not in default

b.Yes because she is in default.

c.No because an obligor incurs in delay only from the time the obligee judicially or extra-judicially demands from him the fulfillment of his obligation.

d.Yes because, demand is not necessary when time is of the essence.

19. Selya obliged herself to deliver to Billy 20 bottles of wine of a particular brand. Subsequently, Selya delivered 20 bottles knowing that they contain cheaper wine. What kind of fraud is Selya guilty of?

a.Incidental fraud

b.Causal fraud

c.Casual fraud

d.Specific fraud

20. Based on facts in No 19, the following are the possible remedies of Billy except:

a.Billy can decide to sue Selya for damages.

b.Billy cannot file a cause for damages against Selya if he agreed to waive his right to sue him based on fraud.

c.Billy can opt not to file a case for damages as a gesture of forgiveness and magnanimity.

d.None of the above.

21. Dely borrowed P5,000.00 from Cris to be paid on September 26. On September 25, Dely lost the money in a fire. Is Dely's obligation to pay extinguished?

a.Yes because no person shall be responsible for those events which could not be foreseen or which though foreseen, were inevitable.

b.No because money is a generic thing.

c.Yes because the money at the time of lost has already been physically segregated.

d.No because Dely is presumed to be in good faith and thus is expected to have exercised proper diligence of a good father of family.

22. Brenda was offered employment on January 01, 2021 on the condition that she will furnish the company proof of her qualifications on January 31, 2021. She failed to submit as instructed. What is the effect of her failure to comply with the condition to the offer of employment:

a.The employment offer is null and void.

b.The condition is void because it is potestative, its fulfillment being dependent on Brenda only.

c.The employment offer is deemed to have not been made at all.

d.The employment of Brenda on January 01, 2021 for which reason the compliance to the condition is deemed waived by the employer.

23. It refers to a condition the fulfillment of which depends upon the will of one of the contracting parties.

a.Potestative condition

b.Casual condition

c.Negative condition

d.Positive condition

24. It refers to a condition the fulfillment of which depends upon chance or upon the will of a third person. Choose from the immediately preceding number.

a.Potestative condition

b.Casual condition

c.Negative condition

d.Positive condition

25. It is a condition that requires the doing of an act of the delivery of something.

a.Potestative condition

b.Casual condition

c.Negative condition

d.Positive condition

-------------------------------------------------------------------------------------------------------------------------------------

Determine whether the condition is VALID or VOID.

26.In a contract of sale, I will deliver to a specific Ferrari car should I choose to acquire the latest model of a Mustang car.

27.In a contract of lease, I am allowing you to occupy my property subject of the contract for two months after its expiration if you will always pay on time.

28.In contract of loan, the creditor waives her right to sue for damages in case of breach based on delay so long as the obligation will still be paid.

29. In deed of donation, Abu committed to donate his law library to Sayyaf as soon as he passes the Bar Examination in 2022.

-------------------------------------------------------------------------------------------------------------------------------------------------

Identify the kind of condition given in the situation. CASUAL, POTESTATIVE, MIXED

30. "I will give you a house if you marry Carolina."

31. "I will give you my land if a war breaks out next month."

32. "I promise to give you P1,000.00, if you build a house for me in three months."

----------------------------------------------------------------------------------------------------------------------------------------------------

33. If Mario obligates himself to give Maria Php 1000,000.00 if Maria gets married to Carlo, the condition is _______________ in character.

a.Resolutory

b.Postestative

c.Suspensive

d.Casual

34. If Mario promises to deliver his car to Maria if a certain candidate is elected to the position of president in 2022, the condition is______________ in character.

a.Resolutory

b.Potestative

c.Casual

d.Mixed

35. During the lifetime of Mario, he contracted a loan from Maria in the amount Php 500,000.00. Mario has two sons while Maria has two daughters. Both Mario and Maria died due to Covid, which of the following is not true:

e.The obligation of Mario is already extinguished following his death.

f.Even if Mario left properties at the time of his death, the heirs of Maria can no longer collect as the death of Mario extinguished his obligations.

g.The daughters of Maria can exercise the right of their mother to collect Mario's obligation.

h.The sons of Mario cannot be compelled to pay the obligation of their father.

--------------------------------------------------------------------------------------------------------------------------------------------

Determine whether the statement refers to a PERIOD or to a CONDITION: "I will pay you -*

36. on your wedding day."

37. on the day you will graduate with Latin honors."

38. after seven consecutive sunny days."

39. upon X's death due to heart attack."

40. on your graduation."

41. on Valentines' Day."

42. after five Christmases."

43. on the day your only dog dies."

44. when Easter morning comes."

45. on the day you will marry at age of 30."

---------------------------------------------------------------------------------------------------------------------------------------------

Determine whether the statement refers to a PERIOD or to a CONDITION:

46. It is certain to happen.

47. May also refer to a past event unknown to the parties.

48. The happening of which has retroactive effects as a general rule.

49. It may or may not happen.

50. It refers to a future event but it will certainly happen.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Business Law and the Legal Environment

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Patricia Sanchez Abril

8th edition

1337404667, 1337404662, 9781337404532, 1337404535, 978-1337736954

More Books

Students also viewed these Law questions

Question

Understand the nature of the communication process

Answered: 1 week ago

Question

14. Now reconcile what you answered to problem 15 with problem 13.

Answered: 1 week ago