obligation and contracts

THE LAW COUNTRY IS PHLIPPINES

1. The stages of a contract according to their occurrence are:

A. Conception, consummation, and birth

B. Conception, birth, and consummation

C. Stipulation

D. Birth, conception an consummation

2. The elements of a contract without which, a contract would not exists are known as:

A. Special elements

B. Natural elements

C. Accidental elements

D. Essential elements

3. A contract that can stand on itself is known as:

A. Principal contract

B. Gratuitous contract

C. Commutative contract

D. Accessory contract

4. Contract that does not have any special name under the law is known as:

A. Nominate contract

B. Innominate contract

C. Nominal contract

D. Special contract

5. The principal that contracts are perfected by mere consent is known as:

A. Consensuality of contract

B. Consummation of contract

C. Mutuality of contract

D. Consistency of contract

6. Which of the following is not a real contract:

A.Commodatum

B. Deposit

C. Pledge

D. Sale

7. A contract may be enforced by or against a third person except:

a. In case of stipulation pour autri

b. When a person induces another to violate his contract

c. In case of contracts intended to defraud creditors

d. When the benefit to the third person is merely incident

8.On August 1, 2021, Santi offered to sell a specific car to Tiago for P1M. Tiago sent his letter of acceptance on August 3. On August 5, however, Santi died in an accident and it was proven that his office secretary received the letter of acceptance on August 6. What is the status of the contract?

A.The contract was not perfected because the offer of Santi became effective when he died.

B.The contract was perfected on August 1 because the acceptance that was made on a later date retroacts on the date of the offer.

C.The contract was perfected on August 6 when the secretary received the acceptance.

D.The contract was perfected on August 3 since it was the day that Tiago sent his letter of acceptance.

9. One of the following is not incapable of giving his consent:

A. Insane persons

B. Unempancipated minors

C. Deaf-mutes who do not know how to read or write

D. Deaf-mutes who know how to read

10.A contract entered into by an insane person during a lucid interval is:

A. Rescissible

B. Void

C. Valid

D. Voidable

11.A contract entered into a state of drunkenness or during hypnotic spell are:

A. Voidable

B. Rescissible

C. Void

D. Valid

12. A contract whose cause is the promise of a thing or service by the other party is:

A. A gratuitious contract

B. A remuneratory contract

C. A lucrative contract

D. An onerous contract

13. Andrew sold his only car to Paulo. Unknown to Andrew, Paulo only bought the car from him because he plans on using the same in a bank robbery. What is the status of the sale by Andrew to Paulo?

A. The sale is voidable because of the failure of Paulo to disclose his motive

B. The sale is rescissible at the instance of Andrew because he would have been damaged by the illegal motive of Paulo

C. The sale is valid because the illegality of motive of the parties to the contract does not have effect on its validity

D. The sale is void because the motive of Paulo is illegal

14. One of the following is not a requisite of cause in a contract. Which is it?

A. It must be not be false

B. It must be lawful

C. It must be clearly stated in the contract

D. It must exist

15. Glenda, the guardian of Mira, a minor, sold the fish harvested from the fishpond of Mira for P75,000. The fish harvested had a value of P100,000. Which of the following is true?

A. The sale is rescissible because Mira suffered lesion by more than one-fourth of the value of the fish sold

B. The sale is void because the object is outside the commerce of ma

C. The sale is unenforceable because Glenda sold the fish without approval of the courts

D. The sale is voidable because Mira is a minor

16. The following are requisites of a rescissible payment except:

A.The debtor is insolvent

B. The debt is already due

C. The debtor pays debt

D. The payment is not due

17. Rescission of a contract will prosper in one of the following cases. Which is it?

A. When he who demands rescission cannot return whatever he may be obliged to restore

B. When there are other legal means to obtain reparation of the damages cause

C. When the object of the contract who purchased the property of a third person who purchased the property of the debtor in bad faith

D. When the action to bring rescission has prescribed

18. Under the Statute of Frauds, certain contracts must be in writing to be enforceable. One of the contracts is enforceable although not in writing. Which is it?

A. An agreement made in consideration for marriage other than mutual promise to marry

B. Sale of moveables at a prices of not less than P500

C. A representation as the credit of a third person

D. An agreement for the leasing for a longer period than one year of a personal property

19. The following contracts are void or inexistent, except:

A. Unrealistic, if it is absolutely simulated or fictitious.

B. If its cause, object or purpose is contrary to law, morals, good customs, public order or public policy.

C. Inexistent, if it lacks at least one of the essential elements (consent, object, and cause) at the time of the transaction.

D. Those where one of the parties employed fraud to obtain the consent of the other

20. An insurance contract is:

A. An aleatory contract

B. A contract of adhesion

C. Both (a) and (b)

D. Neither (a) and (b)

21. Leo borrowed P1M from John. On the due date, John demanded payment but Leo refused to pay. Angered, John threatened to sue Leo. Afraid that he would be sued, Leo executed a contract transferring his lot to John by way of dacion en pago. What is the status of the dacion en pago?

A. Rescissible because Leo suffered damages

B. Valid because there was no intimidation when a party seeks the aid of the courts to enforce his right

C. Void because Leo did not give his consent freely

D. Voidable because Leo gave his consent by reason of the intimidation employed by John

22. Statement 1: Option money is part of the purchase price

Statement 2: Earnest money is proof of the perfection of the contract of sale

A.Both statements are true.

B.Both statements are false.

C.Only Statement 1 is true.

D.Only Statement 2 is true.

23. Shelby sold her lot consisting of 1,000 meters to Chloe. However, the deed of sale signed by the parties showed a total area of 1,250 square meters due to the secretary's mistake. Later, Shelby discovered the mistake. What is the remedy to either party?

A. Annulment

B. Declaration of nullity of contract

C. Reformation

D. Rescission

24. The following are characteristics of certain contracts

I. Nominate

II. Real

III. Aleatory

IV. Commutative

The contract of sale of a sweepstakes ticket is considered as:

A.I and II

B.I and IV

C.I and III

D.III and IV

25. Which of the following does not apply to relatively simulated contract?

A. If the concealed contract is lawful, it is absolutely enforceable, provided it has all the essential requisites: consent, object, and cause

B. The parties are not bound at all

C. The contracting parties conceal their true agreement

D. It binds the parties to their real agreement when it does not prejudice third persons or is not intended for any purpose contrary to law, morals, good customs, public order or public policy