39. Which does not belong to the group? * (1 Point) 0 Deposit O Pledge Q Commodatum 0 Sales 40. Raymond is a consultant engaged by Ashley. Their contract involves a penal clause for the payment of P10,000.00 in case of breach thereof. When is this demandable? * (1 Point) 0 Upon the will of Ashley O Upon extinguishment of the obligation 0 Upon contravention of the contract 0 Upon perfection of the contract 41. Paulo promised to give April the latest Samsung phone if she passes the CPA Board exams. What kind of obligation is this? * (1 Point) O Pure O Conditional O With a period Impossible42. Which of the following statements regarding reformation of contracts is false? * (1 Point) When through the ignorance, lack of skill, negligence or bad faith on the part of the person drafting the instrument or of the O clerk or typist, the instrument does not express the true intention of the parties, the courts may order that the instrument be reformed When a mutual mistake of the parties O causes the failure of the instrument to disclose their real agreement, said instru- ment may be reformed. If one party was mistaken and the other acted fraudulently or inequitably in such O a way that the instrument does not shot their true intention, the former may ask for the reformation of the instrument. If mistake, fraud, inequitable conduct, or O accident has prevented a meeting of the minds of the parties, the proper remedy is reformation of the instrument. 43. Isabel agreed to deliver 25kg of rice to Abigail if the latter wins the singing contest held by her College. Isabel caused the malfunction of the sound system when Abigail sang causing her to lose. Which of the following doctrines would apply? * (1 Point) O Doctrine of Bad Faith O Doctrine of Constructive Fulfillment O Doctrine of Abuse of Right Doctrine of Estoppel44. Kate traded her Nintendo Switch for a Gold Ring owned by Mary. Kate found out that the ring is fake and cost only around 1/16th of her Nintendo Switch. She sought the extinguishment of their obligations to which Mary agreed. Which of the following is true? * (1 Point) O They shall pay the amount of what they received to each other O They shall treat the trade as a sale O They shall return to each other what they have received O They shall file actions for specific perfor- mance against each other