I.MULTIPLE CHOICE. Choose the best answer. (10 pts.)

1.A partnership contract has this characteristic element because it is a means to an end.

a.Consentual b. Bilateralc. Principal d. Preparatory

2.Delectus personae is not a sufficient requirement in what kind of partnership.

a.Universal b. General c. Limited d. Particular partnership

3.Which is a prima facie evidence of being partner in a partnership?

a.Receipt of share of profit as wages c. Receipt of share of profit as interest of loan

b.Receipt of share of profit as debt by instalment d. All of the choices

4.A partnership's exercise of usufruct over the property donated is a characteristic of:

a.Universal partnership of profitsc. Particular partnership

b.General partnership d. Limited partnership

5.What is the legal remedy of the other partners if a partner failed to contribute the property he promised in the articles of partnership?

a.Rescind the contractc. Withdraw from the partnership

b.File a case of specific performance in court d. Expulsion bona fide

6.If a partner was defrauded to enter into a partnership, what is his legal remedy?

a.Rescind the contractc. Withdraw from the partnership

b.File a case of specific performance in courtd. Expel the partner bona fide

7.In a universal partnership of profits, Aimee, a partner, contributed a multicab to be used in the delivery of the good of the partnership's buy and sell business. The said multicab was taken by carnappers and it is now nowhere to be found. Who bears the loss of the multicab?

a.Aimeeb. The carnappersc. All of the partnersd. The capitalist partners only

8.What happened if the partnership is formed for an unlawful purpose?

a.The partnership could be validated by registration with the SEC

b.The partnership remains secret but is still in existence

c.The partnership has no liability to third person

d.The partnershipis void and should be declared unlawful by court.

9.In an internet cafe partnership, these are the contributions of the partners. A-P2,000 in cash, B-P3,000 in check, C - an office building, D - promissory note of P5,000 payable to order and his computer skill, E - good will of a business. Who are the capitalist partners?

a.A & Bb. A, B, & Cc. A, B, C, Dd. A, B, C, D, & E

10.The Civil Code provides for a specific rule when capital contribution to partnership is P3,000 or more in money or personal property. The rule requires that the contract of partnership shall appear in a public instrument, which must be recorded in the SEC. Which of the following statement is correct?

a.In case of non-compliance with said requirement, the contract of partnership is void.

b.In case of non-compliance, the contract of partnership is unenforceable.

c.In case of non-compliance with said requirement, the contract of partnership is still valid.

d.In case of non-compliance, the contract of partnership is rescissible.