OBLIGATIONS AND CONTRACTS

MIDTERM EXAM

Directions: This Questionnaire contains 10 items with the total of 100 percent for the perfect score herewith. Answer each question legibly, clearly and concisely in the space provided under the same item.

I- MULTIPLE CHOICE

1. It is a juridical relation whereby a person may demand from another the observance of a determinative conduct, and in case of breach, may demand satisfaction from the assets of the latter. a. Natural obligations b. Moral obligations c. Civil obligations d. Contracts

2. Which conduct is not expected of the obligor? a. Giving b. Doing c. Not doing d. Not giving

3. This obligation is characterized by being immediately due and by lack of burden of time or condition. a. Pure obligation b. Conditional obligation c. Joint obligation d. Solidary obligation

4. The general rule here is that interest stipulated in the agreement is generally substitute for fine. If parties agree, interest stipulated and fine should be paid. a. Simple obligation b. Alternative obligation c. Facultative obligation d. Obligation with a penalty

5. A person civilly liable is not liable for: a. Restitution b. Imprisonment c. Reparation for damages cause d. Indemnity for consequential damages

II- OBJECTIVE TYPE

6.) What is Civil Obligation?

7.) What is Juridical Necessity?

8.) What is Prestation?

9.) What are the sources of Obligation?

10.)NicksuedJonathanfordamagesbecausethelatterhadfailedtodeliver the antique Marcedes Benz car Nick had purchased from Jonathan, which wasby agreementdue for delivery on December 31, 1993. Jonathan, in his answer to Nick's complaint, said Nick's claim has no basis for the suit, because as the car was being driven to be delivered to Nick on January 1,1994,arecklesstruckdriverhadrammedintotheMercedesBenz. The trial court dismissed Nick's complaint, saying Jonathan's obligation had indeed, been extinguished by force majeure.

Isthetrialcourtcorrect? Substantiate the answer.