Answer the following:

Questions (51-75)

51.

All are essential characteristics of contracts except

Group of answer choices

Relativity of contract

Obligatoriness of contract

Autonomy of contract

Uniformity of contract or equality of contracting parties

52.

One is an incorrect distinction between solidarity and indivisibility.

Group of answer choices

Solidarity refers to the legal tie whereas indivisibility refers to prestation.

Plurality of subject is indispensable in solidarity unlike in indivisibility

In case of breach, solidarity character of obligation remains, but the indivisible character of the obligation i. is terminated.

Solidarity refers to the parties of the obligation and the prestation whereas indivisibility refers to the

vinculum juris.

53.

When the debtor's property are not enough to pay all his debt in full. This condition is called:

Group of answer choices

Antichresis

Pactu commissorio

Insolvency

Suspension

54.

The offeror need not know the acceptance by the offeree is the theory of:

Group of answer choices

Cognition

Manifestation

Expedition

B or C

55.

One is incorrect about extinguishment of obligation

Group of answer choices

Novation is not absolute but only a relative mode of extinguishment of an obligation

Dacion en pago and payment by cession are governed by the law on sale

A stockholder may not compensate what he owes the corporation with his present stockholdings.

Loss of a determinate thing due to fortuitous event will exempt the debtor even if he stole it but he later offered to return and the owner refused to accept without valid cause.

56.

S, a minor, owns a specific property valued P50,000. B, capacitated, by means of fraud induced S to sell his property to him (B) for P10,000 which S did so. The contract is in writing.

Group of answer choices

The contract is void

The contract is rescissible because the ward suffered lesion by more than of the value.

The contract remains unenforceable because it falls under the Statute of Fraud.

The contract is binding from the start.

57.

A is obliged to give B his only car on September 1, 2018. On the said date, A did not deliver. On September 2, 2018, an earthquake completely destroyed the car. Is A still liable?

Group of answer choices

No. Considering that no demand to deliver was made by B and the specific thing was lost, due to fortuitous event, the obligation is extinguished.

No. The obligation is extinguished, even if the debtor is already in default because the debtor can plead impossibility of performance.

Yes. A is already in legal delay, thus the obligation to deliver the lost specific thing is converted into monetary claim for damages.

Yes. The creditor can instead demand for a substitute of equivalent value from the debtor.

58.

L entered into a contract of lease with X, T, the clerk of L, typed the document. Due to T's negligence, the document made was that of sale instead of lease.

Group of answer choices

Remedy is reformation.

Parties may enforce their right because it is enforceable

Parties may go to court for interpretation

The remedy is annulment.

59.

B1 Company bought out a competitor, B2 Corporation, with a stipulation that B2 Corporation should not thereafter engage in any business in the Philippines unless consented to and approved by B1 Company.

Group of answer choices

The stipulation is defective but subject to ratification.

The stipulation is valid because the parties are free to enter into any stipulation, terms and conditions such as this one.

The stipulation is unenforceable as there was no showing that the sale as done in writing

The stipulation is void because it is contrary to public policy.

60.

A has a daughter, B; X has a son, Y. A, B, X and Y agree together that Y will marry B. the agreement is oral. If B later on refuses to marry Y who has spent for the necessary wedding preparation, X and Y decided to bring an action against A and B, will the action prosper? Decide.

Group of answer choices

Between Y and B, the action will prosper because the agreement is made orally.

In case of A and X, the action will prosper because the agreement which was made orally is enforceable as it is based in the consideration of marriage.

As to A and X, the action will not prosper because the agreement is not enforceable as it was not they who mutually promised to marry each other.

The action of X and Y against A and B will prosper because the agreement is based on the consideration of marriage other than a mutual promise to marry.

61.

Statement No. 1: Ratification of voidable contract is necessary for its validity. Statement No. 2: Sales between husband and wife are void always.

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

62.

Statement No. 1: D obliges himself to give C a specific ring, upon failure, to give C P5,000. This is a case of facultative obligation.

Statement No. 2: D obliges himself to give C a specific ring. However, if he so desires, D may instead give C P5,000. This is an example of an obligation with a penal clause.

Given these examples, which statement is correct?

Group of answer choices

Both obligations are valid but both are mislabeled as to their classification as obligations.

Both obligations are not valid.

Both obligations are valid and are properly labeled as to their classification as obligations.

Both statements are invalid and improperly labeled as to their classification as obligations.

63.

A source of obligation where negligence resulted to crime:

Group of answer choices

culpa contractual

quasi-contract

culpa delictual

culpa aquiliana

64.

All are remedies of the obligee in case of breach of obligation to deliver a generic thing except:

Group of answer choices

Right to compel specific performance

Right to ask a third person to do it at dr's expense

Right to convert the obligation to its monetary value

Right to ask for another damages.

65.

On July 15, 2008, X entered into a contract with Y. On February 10, 2009, X discovered that fraud was committed at the time he entered into the contract, a fraud that vitiated the consent. The action for annulment shall be brought:

Group of answer choices

Within three years from the time of the fraud

Within four years from February 10, 2009

Within four years from the time A entered into the contract

A can rescind the contract for non-payment of the price.

66.

All are primary classification of obligation, except one:

Group of answer choices

Pure obligation

Obligation with a period

Real obligation

Conditional obligation

67.

A tie or juridical relation, which, by virtue of a payment of what is not due, made though mistake, is created between the person who paid and the one who received the payment, compelling the latter, in consequence thereof, to return what he has received:

Group of answer choices

Solutio indebiti

Moral obligation

Natural obligation

Civil obligation

68.

In three of the following defective contracts, ratification cleanses the defects. Which is the exception?

Group of answer choices

Contracts entered into by a person who has been given no authority.

Sale of piece of land thru an agent the authority is oral.

Sale of immovable property or interest orally entered into.

Both parties are incapable of giving consent.

69.

1^st Statement: Mr. X waived in advance his right to sue Mr. A, if A will cause him injury due to A's negligence. The waiver is void.

2^nd Statement: Liability arising from dolo can be mitigated by the courts

Group of answer choices

True; True

True; False

False; False

False; True

70.

The following contracts should observe the Statute of Frauds, except

Group of answer choices

Lease of real property longer than one year

Representation as to the credit of a third person

Lease of personal property longer than one year

Guaranty.

71.

Which of the following is not a generic obligation?

Group of answer choices

obligation to pay P5,000

obligation to deliver Toyota INNOVA

obligation to deliver 50 cavans of rice

obligation to give a delimited generic object

72.

If the obligation is payable in foreign currency

Group of answer choices

the obligation is void.

the obligation is valid, but the stipulation is void.

the creditor can compel the debtor to pay in foreign currency as per agreement.

The stipulation and the obligation are void.

73.

All are sources of obligations except:

Group of answer choices

Obligation of parents to support their children

Obligation to pay taxes for all citizens

A debtor paying his obligations that has prescribed.

A driver's negligence resulting to physical injury to a pedestrian.

74.

The stage of "conception" of a contract is:

Group of answer choices

When there is a meeting of the parties' minds.

When negotiations are in progress.

When the parties come to an agreement

When the contract is fully executed.

75.

A and B are jointly and severally liable to C for P 20,000. A is a minor.

Group of answer choices

C can collect P20,000 from B.

C can collect P10,000 from A, that is the share of B.

C can collect P20,000 because minority is not a defense.

C can collect P10,000 from B.

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