I.Multiple Choice. Choose the best answer.

_____ 6.

What is the nature of a contract which is partly written and partly oral?

a. written contract

b. oral contract

c. it is a void contract because written contract cannot be supplemented by an oral contract

d. parties will decide whether it will be a written or an oral contract

_____ 7.

Which of the following does not require a particular form for its validity?

a. donation of personal property worth P5,000.00

b. donation of real property worth P5,000.00

c. payment of interest

d. authority of an agent to sell a parcel of land

_____ 8.

A clerk drafted an instrument, but failed to reflect the true agreements between Marc and Joseph. Can the court order the reformation of the instrument?

a. Yes, because reformation is a valid remedy

b. No, because the mistake was committed by third party

c. No, the proper remedy is to file an administrative action against the clerk

d. No, the proper remedy is annulment of contract

_____ 9.

What is the reckoning point of a donation mortis causa?

a. death of the donee

b. fulfillment a condition during the lifetime of the donor

c. immediately after the donation was made

d. death of the owner whose property is being donated

_____ 10. Dean leased his house to Ace. The contract prohibits Ace from subleasing the land, and provides an additional P5,000.00 rent a month for future violation. Ace, however, subleased the land to Mario without Dean's consent.

Does Dean have the right to eject Ace?

a.Yes, Ace violated the contract.

b.No, the additional rent shows that Dean waives his right to eject Ace.

c.Yes, but he needs to respect the right of Mario, who acted in good faith.

d.No, because Mario is in good faith.

_____ 11. It is a remedy available to third persons in order to secure reparation of damages caused them by a valid contract.a. annulment

b.action to nullify

c.rescission

d.action for damages

_____ 12. Mitch and Igo are the individual creditors of Marcus. In one case, Mitch secured a writ attaching Marcus's property in Manila. Later, Marcus sold his Tagaytay property to Mike. Can Igo seek judicial remedy to rescind the contract between Mike and Marcus?

a.Yes, the transaction is presumed fraudulent

b.No, the remedy is only available to Mitch

c.No, the Tagaytay property was not subject of any preliminary attachment

d.Yes, but Mitch needs to join Igo in the action

_____ 13. May forced Ann to sell her dog. Later, the dog gave birth. May offered the puppy to Liezel, who then conducted an inquiry. Ann confirmed to Liezel that he sold the dog to May. Thus, Liezel bought the puppy from May. Who legally owns the puppy?

a.May

b.Ann

c.Liezel

d.Ann and Liezel

_____ 14. JM promised to marry Lyka. Their relationship, however, turned sour. JM defaulted in his promise. Does the failure to fulfill the promise to marry actionable in court?

a.No, because it was not in writing

b.Yes, because it is not contrary to law

c.No, because Lyka has no cause of action against JM

d.Yes, because Lyka emotionally suffered

_____ 15. Geraldine orally sells his farm to Virgilio. Malou binds himself in writing for the performance of Virgilio's obligation. If Virgilio defaulted, can Malou be compelled to pay Geraldine?

a.No, Geraldine can use the defense of Statute of Frauds

b.Yes, the facts shows that her commitment is unconditional

c.No, the contract between Geraldine and Virgilio is unenforceable

d.Yes, the defense of Statute of Frauds is not available to Malou

_____ 16. On August 25, 2019, Atty. Pamaran bought a parcel of land from Atty. Castillo. He, however, discovered that the government owned the parcel of land and Atty. Castillo sold it without authority. Atty. Pamaran intends to have the sale declared void. Until when can an action be filed in court?

a.August 25, 2021

b.August 25, 2023

c.anytime

d.during his lifetime

_____ 17. Mariane and Myles entered into a contract; Mariane to sell 10 grams of shabu, and Myles to pay it for P30,000.00. When Myles paid the money, she discovered that Mariane only gave 5 grams of shabu. Aggrieved, Myles filed an action against Mariane. Which of the following is a legal consequence?

a.Myles can declare the contract void

b.Mariane is not liable because the transaction amounted to a crime

c.Mariane needs to return the P30,000.00 to Myles

d.both Mariane and Myle will be prosecuted

_____ 18. Lily agreed to cohabit with Edmund in consideration of Edmund's promise to donate his motorcycle. Edmund, however, failed to donate the motorcycle even if Lily complied with her promise. Which of the following is a legal consequence?

a.Lily can recover the motorcycle

b.Edmund cannot be compelled to donate the motorcycle

c.Lily and Edmund need to fulfill their respective promises

d.Edmund can be prosecuted by Lily

_____ 19. In consideration of P100,000.00, David agreed to hide Niki, who is accused of estafa. Virgil paid the money, but he changed his mind even before David delivered Niki to Virgil. Can Virgil recover the P100,000.00?a. Yes, at the discretion of the court

b.Yes, because the cause is illegal

c.No, the agreement is void

d.No, they are both in pari delicto

_____ 20. Severus begged Albus to appoint him as teacher in H University. Albus agreed under a consideration that Severus will receive less than the minimum wage prescribed by law. Severus started teaching, and he received less than the prescribed minimum wage. There is not dispute that Severus voluntarily agreed in the condition. Can Severus demand for the differential pay?

a.No, the contract is the law between them

b.Yes, the agreement is void

c.No, there is no dispute that Severus agreed

d.Yes, Albus took advantage of the incident