6. There is negotiorum gestio when the property or business is not neglected or abandoned. 7. An obligation "to give" is a prestation which consists in the deliveryof movable or an immovable thing. 8. There is negotiorum gestio when the manager has been tacitly authorized by the owner. 9. An obligation "to do" includes all kinds of work or service. 10. For every right enjoyed by any person, there is a correspond obligation on the part of another person to respect such right. Multiple Choice Questions 1. It is a claim or title to an interest in anything whatsoever that enforceable by law. a. Receivable C. Right b. Obligation d. Property 2. It is a juridical relation whereby a person may demand from anoth the observance of a determinative conduct, and in case of breach, m demand satisfaction from the assets of the latter. a. Right c. Contract b. Action d. Obligation 3. It is one by which a party sues another for the enforcement protection of a right, or the prevention or redress of a wrong. a. Civil action C. Administrative action b. Special Proceeding d. Criminal action 4. It is the act or omission by which a party violates a right of another. a. Reason of action C. Cause of action b. Motive of action d. Source of action 5. The three essential elements of a cause of action are the follow except: 36Chapter 1 - General Provision a. The obligation of the defendant. b. The legal right of the plaintiff. c. The act or omission of the defendant in violation of said legal right. . The act or omission of the plaintiff in violation of said legal right. nst 6. Obligation of the debtor to deliver a thing, movable or immovable, to the the creditor. a. Obligation to give . Obligation to do b. Obligation not to give Obligation not to do ent 7. When a thing is particularly designated or physical segregated from all other of the same class. a. Specific thing C. Indeterminate thing b. Generic thing d. All of the above of a 8. Where X voluntarily takes charge of the neglected business of Y without the latter's authority where reimbursement must be made for necessary and useful expenses, there is a: a. Quasi Delict c. Negotiorum Gestio b. Quasi Contract d. Solution indebiti ding 9. When a thing is designated merely by its class or genus without any particular designation or physical segregation from all others of the same class. a. Specific thing c. Indeterminate thing at is b. Determinate thing d. All of the above 10. It is a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit. Law C. Contract ther b. Obligation d. Memorandum of Agreement may 11. I. Obligation to do is also known as negative personal obligation. II. Obligation not to do is otherwise known as positive personal obligation. a. Only I is true C. Both are true it or b. Only II is true d. Both are false 12. The following are the essential elements of an obligation, except: a. Debtor C. Presentation b. Creditor d. Juridical tie 13. The following are the sources of an obligation, except: a. Contract C. Prestation Law d. Quasi-delict wingChapter 1 - General Provision 14. It is a meeting of minds between two persons whereby one , Chapter himself, with respect to the other, to give something or to render service. C. Law a. Quasi-Contract 21. X d. Quasi-delict B b. Contract 15. Certain lawful, voluntary and unilateral acts to the end that no one be unjustly enriched or benefited at the expense of another. a. Contract C. Law b. Quasi-contract d. Quasi-delict 16. Whoever voluntarily takes charge of the agency or managementof 22. A business or property of another, without any power from the latte re obliged to continue the same until the termination of the affair and PI incidents, or to require the person concerned to substitute him, m a. owner is in a position to do so. b . a. Quasi-contract C. Negotiorum gestio b. Quasi-delict d. Solutionindebiti 23. It a. 17. If something is received when there is no right to demand it, and it b. unduly delivered through mistake, the obligation to return it arises. a. Quasi-contract c. Negotiorum gestio 24. 0 b. Quasi-delict d. Solutionindebiti vi 18. Whoever by act or omission causes damage to another, there be fault or negligence, is obliged to pay for the damage done. There pre-existing contractual relation between the parties. a. Quasi-delict C. Negotiorum gestio b. Quasi-contract as d. Solution indebiti Ja 19. X by mistake delivered to A and B a sum of money which should D been delivered to C and D. X is now demanding the return of thes from A and B. The liability of the latter for the sum of money to wi they are not entitled shall be: a. A and B shall be liable jointly te b. A and B shall be liable solidarily a. money c. X has no right to recover as he was negligent in the delivery of b. d. They are not liable for having received the money in good faith 20. The following are requisites of quasi-delict, except: a. Damages suffered by plaintiff. b. Damage suffered by plaintiff. d. C. d. Fault or negligence of defendant. Connection of cause and effect between the fault or neglige defendant and the damage incurred by plaintiff.one bind Chapter 1 - General Provision nder som 21. X migrated in the U.S.A. leaving no one to manage his properties. A and B equally took charge of the management thereof. However, due to the negligence of A, the properties of X were damaged. The liability therefore to X for damages shall be: no one sha a. Only A shall be liable b. Both shall be solidarily liable C. Both shall be jointly liable d. They are not liable as they are presumed to be in good faith ment of the 22. A system of norms or rules of a character general and common which the latter, regulate the relations of persons, individual or collective, and which affair and it protects the person in his personality as well as his interests both e him, if the moral and patrimonial. a. Business law C. Criminal law b. Civil law d. Taxation law 23. It is a juridical necessity to give, to do or not to do. a. Law C. Contract it, and it wa b. Obligation d. Memorandum of Agreement it arises. 24. On January 1, 2018, Y, Inc., and X Corp., entered into an AGREEMENT by virtue of which the former obligated itself to render medical services to the employees of the latter to take effect on January 1, 2018 up to December 31, 2018, and that either party who desires to terminate the there bein contract may serve the other party a written notice at least 30 days in e. There is advance. On December 16, 2018, Y, Inc., wrote X Corp., to inform that it was O assuming from their silence that the Agreement was renewed from January 1, 2019 to December 31, 2019. In their reply-letter, dated December 23, 2018, X Corp., notified Y, Inc., of the termination of the ch should have contract upon its expiration on December 31, 2018. But such reply- rn of the sam letter was received by Y, Inc. only on January 9, 2019. Y, Inc. filed a oney to whit complaint stating that X Corp.'s termination of the Agreement did not conform to their agreement. Is the Agreement renewed for another term? a. Yes because unilateral termination of a contract is violative of the principle of relativity of contracts. delivery of b. No because the written notice was dated December 23, 2018 which is earlier than the expiration of contract. good faith. C. No because renewal of contract must not be based on assumption. It must be based on obligatory force of contracts and compliance in good faith. d. Yes because the written notice of termination was not serve within 30 days in advance. or negligence 39Chapter 1 - General Provision noizivor 25. Which of the following is not considered as quasi-contract? 16 A.29131 a. Solutiondebiti sno on grivsel A.2.U s 1 01 sub ,7 b. Reimbursement due the person who saved the property during lidsil edT .bor storm without the knowledge of the owner c. When the third person without the knowledge of the debtor,, Wha the debt oldsil ed d. 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