76. As a general rule, which of the following is not a requisite of an action for damages on the basis of quasi-delict? *

a. There is pre-existing relation between the offender and offended parties.

b. There exists a wrongful act or omission imputable to the defendant by reason of his fault or negligence.

c. There exists a damage or injury which must be proved by the person claiming recovery.

d. There must be a direct causal connection or a relation of cause and effect between the fault or negligence and the damage or injury, or that the fault or negligence be the cause of the damage or injury.

77. Which of the following is a civil liability arising from crime? *

a. Rescission

b. Restitution

c. Remission

d. Redhibition

78. Which of the following statements concerning obligation is correct? *

a. Obligations arising from law are presumed.

b. In an obligation to deliver an indeterminate thing, the obligor shall exercise diligence of a good father of a family in the preservation of the thing.

c. In an obligation to deliver a determinate thing, the obligee is entitled to the fruits of the determinate thing from the time of constitution of the obligation.

d. Obligations arising from contracts have the force of law between contracting parties.

79. A and B orally entered into a contract of sale of a specific authentic Coach bag at a price of P10,000. A paid an arras money at the time of constitution of the contract. The parties agreed that the balance of the price will be paid after one month while the said bag will delivered after one week. At the agreed date of delivery of the bag, B delivered a counterfeited coach bag. What is the best legal remedy available to A? *

a. File an action for damages for breach of contract of sale.

b. Contract of sales is a real contract because the delivery of the determinate thing is necessary for the transfer of ownership to the buyer.

c. File an action for declaration of nullity of void contract of sale.

d. He has no action because the contract of sale is unenforceable.

80. A stole the specific cellphone of B. Afterwards, A sold at a price of P10,000 the said specific cellphone to C who acquired the said item in good faith and for value. Which of the following statements is correct? *

a. B may recover the said cellphone from C even without reimbursing C.

b. B may recover the said cellphone from C but with obligation to reimburse P10,000.

c. C obtains good title over the cellphone because he is a purchaser for value and in good faith.

d. C obtains a voidable title over the cellphone which is valid and binding until annulled.

81. In which type of accessory contract may the creditor appropriate the thing used as collateral if it is not sold in the first and second public auctions? *

a. Contract of pledge

b. Contract of chattel mortgage

c. Contract of real estate mortgage

d. All of the above

82. What type of contribution is not allowed to be given by a pure limited partner? *

a. Money

b. Personal and real property

c. Industry, service or labor

d. None of above

83. Which of the following obligations is jointly and proportionately? *

a. Obligation of joint tortfeasors

b. Obligation of partners for unpaid liabilities of the partnership

c. Obligation of persons guilty of crime

d. Obligation of officious manager in a negotiorum gestio

84. Which of the following is not a characteristic of a contract of sale? *

a. Commutative contract

b. Onerous contract

c. Principal contract

d. Real contract

85. ABC Limited Partnership is organized by A, B, C, D, E and F. A, B, D and E are general partners with a stipulation that E is exempted from liability to third persons. C and F are limited partners. D is the only industrial partner while F is appointed as the managing partner. After ten years of operation, the financial position of the partnership shows that the total assets of the partnership is reported at P10,000,000 while the total liabilities to third persons are reported at P16,000,000. How much may the creditor validly collect from A, B, C, D, E and F, respectively? *

a. P1M, P1M, P1M, P1M, P1M, P1M

b. P1.5M, P1.5M, 0, P1,5M, P1.5M, P0

c. P2M, P2M, P0, P2M, P0, P0.

d. P3M, P3M, P0, P0, P0, P0

86. ABCD Partnership is organized by A, B, C and D upon initial contribution P10,000, P30,000, P50,000 and industry, respectively. After ten years of operation, the partnership decided to liquidate. At the time of liquidation, the financial position of the partnership shows total assets of P500,000 and total liabilities to third persons of P230,000. How much will be received by A at the time of liquidation? *

a. P30,000

b. P20,000

c. P28,000

d. P24,000

87. A and B entered into a contract. A obliged himself to deliver a specific cellphone worth P20,000. On the other hand, B obliged himself to deliver a specific laptop worth P10,000 and additional cash of P10,000. What contract is entered into by A and B? *

a. Contract of sale

b. Contract of barter

c. Contract of lease

d. Contract for a piece of work

88. On January 1, S delivered a specific laptop to B under a sale or return arrangement. S gave B up to April 1 to return the specific laptop. On March 1, the specific laptop was destroyed by fire without B's fault. Which of the following is correct? *

a. B is not required to pay the price of the laptop because the obligation is extinguished by fortuitous event.

b. S is still the owner of the specific laptop since B has not yet signified his approval or satisfaction of the said item.

c. B will become owner of the specific laptop only upon full payment of the price.

d. S can collect the price even if the loss is without B's fault.

89. On January 1, 2001, S and B agreed in writing for the sale of specific TV at a price of P10,000. The terms of the contract provide the delivery of the TV shall be made on January 5, 2001 while the payment of the price is on a deferred term to be made on April 1, 2001. On January 5, 2001, S failed to deliver the TV set despite extrajudicial demand for the delivery made by B. Which of the following is correct? *

a. S may exercise his right of possessory lien because he has not yet received the price.

b. S may exercise his right of stoppage in transitu because he is an unpaid seller.

c. B may file an action for specific performance with damages against S.

d. B may file an action for declaration of nullity of the contract of sale.

90. On January 1, 2010, S orally sold and delivered a specific house and lot to B at a price of P1,000,000. They agreed that payment of the price shall be made on July 1, 2010. The parties agreed that in case of non-payment of the price, the contract of sale will be automatically cancelled without intervention of the court of law. It is already July 2,2010 but B has not yet paid the price. Which of the following statements is correct? *

a. The contract of sale is automatically cancelled on July 1, 2010.

b. S cannot maintain an action for the price against B because the contract of sale is unenforceable.

c. The contract of sale is null and void because of the absence of price which is the cause or consideration of the sale.

d. B may still pay the price of the contract of sale after July 1, 2010.