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1 Which of the following statements pertain to aleatory contract?

Select one:

a. It is a contract whose fulfillment depends upon chance. such as insurance contract.

b. It is a contract were both parties are required to give or to do something, such as sale and barter and it may be reciprocal or non-reciprocal.

c. It is a contract where only one of the parties is obligated to give or to do something such as commodatum and gratuitous deposit.

d. It is a contract whereby the parties give equivalent values, such as sale and barter hence, there is real fulfillment.

2 Which of the following statements concerning the concept of consent is incorrect?

Select one:

a. A qualified acceptance constitutes a counter-offer.

b. Consent is manifested by the meeting of the officer and the acceptance upon the thing and the cause which are to constitute the contract.

c. A consent must be expressed and never implied.

d. The offer must be certain and the acceptance absolute.

3 A and B entered into a contract of sale. In the performance of the contract, A committed fraud. What is the remedy of B?

Select one:

a. To ask for annulment of contract because there is doloincidente

b. To ask for damages because there is dolocausante.

c. To ask for annulment of contract because there is dolocausante.

d. To ask for damages because there is doloincidente

4 What is the status of absolutely simulated or fictitious contract?

Select one:

a. Null and void

b. Rescissible

c. Voidable

d. Unenforceable

5 It is a mode of extinguishing obligation which refers to the fulfillment of the prestation due.

Select one:

a. Compensation

b. Merger

c. Novation

d. Payment

6 It refers to the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and the place.

Select one:

a. Delay or default or Mora

b. Contravention of the tenor

c. Fraud

d. Negligence or fault or culpa

7 The following contracts, except one, are void ab initio. Which is the exception?

Select one:

a. That whose object is outside the commerce of men.

b. That which is undertaken in fraud of creditors.

c. That which contemplates an impossible service.

d. That whose object did not exist at the time of the transaction

8 A brought a car from B, a minor, for P100,000. One week later, A discovered that B was a minor at the time of sale so he filed a complaint in court to annul the sale. Will the action prosper?

Select one:

a. Yes, B being a minor is incapacitated to enter into a contract.

b. No, unless there is lesion of more than of the value of the property.

c. No, the right to annul the sale is given to B.

d. Yes, B cannot file the action to annul the sale because he is a minor

9 Delay can exist in the following obligations, except:

Select one:

a. None of the above

b. Obligation to give

c. Obligation to do

d. Obligation not to do

10 It is a remedy granted by law to the contracting parties and even to third persons, to secure the reparation of damages caused to them by a contract, even if this should be valid, by means of the restoration of things to their condition at the moment prior to the celebration of said contract.

Select one:

a. Annulment of contract

b. Ratification of contract

c. Declaration of nullity of contract

d. Rescission of contract

11 Dation in payment requires plurality of the creditors, while payment by cession does not.

Select one:

True

False

12 The following are the essential requisites of contracts, except:

Select one:

a. Formalities of the contracts

b. Consent of the contracting parties

c. Object certain which is the subject matter of the contract

d. Cause of the obligation which is established

13 What is the prescription for the action or defense for the declaration of the inexistence or nullity of a void contract?

Select one:

a. No prescription

b. 6 years

c. 10 years

d. 4 years

14 Article 1156 of the Civil Code defines an obligation as a:

Select one:

a. Juridical necessity to do or not to do.

b. Juridical necessity to give, to do or not to do.

c. Juridical necessity to give, not to give, to do or not to do.

d. Juridical necessity to give or not to give.

15 Negligence or culpa which results to civil liability arising from quasi-delict is also known as:

Select one:

a. Culpa criminal

b. Culpa liberal

c. Culpa contractual

d. Culpa aquiliana