Answer the following:

Questions (26-50)

26.

On October 4, 2009, A is indebted to B for P50,000 for a 20-day period. A proposed to B that X will pay A's debt and that A will be free from all liabilities. B and X agree to the proposal. On October 25, 2009, X became insolvent but this was not known to A. The insolvency is not of public knowledge. So B sues A on the ground that it was A who made the proposal that A guaranteed X's solvency. Decide

Group of answer choices

A is liable because he is presumed to have guaranteed X's solvency

A is not liable because he is in good faith.

A is liable because he did not exercise due diligence in determining the insolvency of X

A is liable because X agree to the proposal to make himself solidarity liable for the obligation.

27.

Which of the following can be considered as feature of the void contract?

Group of answer choices

Subject to ratification

they exist

Action or defense for nullity is subject to prescription

None of them.

28.

W, X, Y, Z solidarily liable to A, B, C, jointly creditors for P30,000. How much can A and B collect from X?

Group of answer choices

P10,000

P2,500 only

P20,000

P30,000

29.

When a person paid his tax over the amount due, the basis of tax refund is

Group of answer choices

Negotiorum gestio

Equitable recoupment in taxation

Solutio Indebiti

Rule of tax deficiency

30.

The wrongful act or tort which causes loss or harm to another is called:

Group of answer choices

Damages

Damage

Injury

Liability

31.

The guardian of an insane person sells a house and lot belonging to the latter valued at P100,000 to B, buyer for P74,000 with the approval of the court. The contract is:

Group of answer choices

Rescissible

Unenforceable

Voidable

Valid

32.

On October 4, 2018 , A is indebted to B for P50,000 for a 20-day period. A proposed to B that X will pay A's debt and that A will be free from all liabilities. B and X agree to the proposal. On October 25, 2015, X became insolvent. At the time of delegation, X was already insolvent but this was not known to A. The insolvency is not public knowledge. So B sues A on the ground that it was A who made then proposal that A guaranteed X's solvency. Decide.

Group of answer choices

A is liable because he is presumed to have guaranteed X's solvency.

A is not liable because he does not know the insolvency of X at the time of delegation and neither was the insolvency of public knowledge.

A is liable because he did not exercise due diligence in determining the insolvency of X.

A is liable because X agree to the proposal to make himself solidarity liable for the obligation.

33.

That which binds the parties together:

Group of answer choices

Prestation

Culpa Contractual

Vinculum juris

Object or subject matter

34.

"I'll give you my car one year after your death." The obligation is

Group of answer choices

valid, because the event is sure to come.

valid, the obligation is conditional.

valid, but disregard the condition.

void, not legally possible.

35.

Which of the following contracts cannot be ratified?

Group of answer choices

Those whose cause or object did not exist at the time of the transaction

Unauthorized contracts

Those where both parties are incapable of giving consent.

Those that fail to comply with the Statue of Frauds

36.

S makes an offer to B on January 1, 2009. B makes known his acceptance in a letter sent on January 2, and received by S on January 10. Meantime, on January 5, S becomes insane.

Group of answer choices

The contract is unenforceable.

The contract is not binding because there is no meeting of minds.

There is already a meeting of minds, the contract is perfected.

The contract is voidable because one party is insane.

37.

Which is not a source of obligation?

Group of answer choices

Law

Culpa Aquilana

Culpa Contractual

Quasi Contract

38.

A condonation of an obligation involving a property worth P50,000.

Group of answer choices

Must be in writing

May be oral

Must be in a public instrument

Either a or c

39.

A and B solidarily owe C P50,000; they issued a promissory note in favor of C. C endorsed it to D, D endorsed it to E, E then endorsed it back to A who is also E's creditor in the amount of P50,000.

Group of answer choices

The obligation is partially extinguished by merger.

The obligation is extinguished and A cannot recover any amount from B

The obligation is extinguished and A can recover the share of B which is P25,000

The obligation is partially extinguished by compensation.

40.

The buyer has the right to the fruits of the things sold from;

Group of answer choices

Perfection of contract

From the time the obligation to deliver it arises

From the time of delivery

None of the above

41.

Manuel bought the Nokia 7650 of Jess for P15, 000 by giving 50% earnest money although delivery of the cell phone would be after 3 days later. Before delivery however the cell phone was lost due to flood brought by storm.

Group of answer choices

Manuel can recover the P7, 500 he paid to Jess

Manuel may ask for another cell phone at no additional cost because Jess is liable.

Obligation of Jess to deliver is extinguished by the force majeure event and Manuel cannot recover the amount paid.

The contract of sale should be rescinded.

42.

All are void contracts except:

Group of answer choices

Those whose object is outside the commerce of men.

Those which are relatively simulated or fictitious.

Those with unlawful consideration.

Those which contemplate an impossible service.

43.

Which is not a source of liability to pay damages?

Group of answer choices

Culpa contractual

Dolo incidente

Failure to deliver on the date agreed by the parties

Obligor violating the tenor of their agreement with the obligee.

44.

Statement No.1: Validable contracts can be voided within the period allowed by law.

Statement No.2: There is undue influence if insidious words or machinations were employed by a party on the other just to obtain the latter's consent, without which the latter would not have entered into the contract.

Group of answer choices

Both are true

Both are false

No. 1 is true ; No. 2 is false

No. 1 is false; No. 2 is true

45.

Which of the following is correct?

Group of answer choices

An action to enforce judicially a natural obligation prescribes in 4 years

An action for annulment of contract is imprescriptible.

An action to declare a contract void is subject to prescription of 10 years

An action for rescission of contract based on lesion is only a subsidiary remedy.

46.

Example No.1- W 16 years old, sold his house valued at P1 M for P50, 000 or a lesion by more than one-fourth of the value of the said house.

Example No.2- A sold his land orally to B. The contracts are

Group of answer choices

Both contracts are unenforceable

No. 1 is rescissible; while No.2 is unenforceable

1st is voidable; while 2nd is unenforceable

Both contracts are binding:

47.

Absolutely simulated contract is:

Group of answer choices

Void

Valid

Voidable

Unenforceable

48.

An obligation where each debtor is liable for the entire obligation, and each creditor is entitled to demand payment of the whole obligation is called:

Group of answer choices

Conjoint obligation

Solidary obligation

Joint obligation

Indivisible obligation

49.

Type of defective contract that creates no rights and impose no obligation, but are susceptible of ratification.

Group of answer choices

Void contracts.

Rescissible contracts.

Unenforceable contracts.

Voidable contracts.

50.

When the debtor binds himself to pay when his means permit him to do so, the obligation is:

Group of answer choices

Pure

Simple With a period

Conditional

Note: I need the answers, ASAP. Thank you!