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Please help me answer the following items 54 to 100, just follow the numberings for easy for,at sorry if its not well arrange. 54. 1.
Please help me answer the following items 54 to 100, just follow the numberings for easy for,at sorry if its not well arrange.
54. 1. The general rule is that no formality is required for a contract. 11. Formal contracts are not valid unless the forms prescribed by law are complied with. a. Both are true b. Both are false c. Only I is true d. Only II is true 55. X, guardian of Y, sold Y's house and lot worth P550,000 for P275,000. a. The contract cannot be rescinded because there is no fraud, mistake or undue influence. b. The contract cannot be rescinded because all elements of contract are present. c. The contract can be annulled because it is voidable. d. The contract can be rescinded because of inadequacy of price. 56. On July 15, 2019, X entered into a contract with Y. On February 10, 2020, X discovered that fraud was committed-at the time he entered into the contract, a fraud that vitiated his consent. The action for annulment shall be brought: Within three years from the time of the fraud b. Within four years from the time X entered into the contract c. Within four years from discovery d. On July 15, 2019 57. The following can assail these defective contracts. One is wrong. a. In rescission contract, the contracting party and third persons who are prejudiced. b. In voidable contract, the contracting parties only. c. In unenforceable contract, the contracting parties only. d. In void contract, the contracting parties only. 58. Are those where essential requisites of a contract exist but there is damage to third persons. a. Rescission contract b. Voidable contract c. Unenforceable contract d. Void contract 59. X alleged that Y promised to give X one hectare of land. This is in consideration of X's meritorious service to Y. Y pleads in defense that since the promise was not in writing, it is unenforceable under the Statute of Frauds. Decide. a. The promise is unenforceable because it is not in writing.b. The Statute of Frauds is inapplicable here because the promise to give the land is not a sale of real property. C. The Statute of Frauds is applied because X has rendered services already. d. The Statute of Frauds can apply to partially executed contracts. 60. Contracts entered into during lucid interval are: a. Perfectly valid b. Unenforceable c. Voidable d. Void 61. 1. A voidable contract can be ratified. II. Ratification is done by a person who suffers incapacity or the person against whom the vice was exerted. a. Both are true b. Both are false c. Only I is true d. Only II is true 62. I. When a voidable contract is ratified, the action to annul the contract is not extinguished. II. When a voidable contract is ratified, the contract losses its defects and it is as if it was valid from the very beginning. a. Both are true b. Both are false C. Only I is true d. Only II is true 63. A contract executed by two or more parties and one of the parties is not capable of giving consent. The contract is: a. Rescissio b. Unenforceable c. Void d. Voidable 64. Three of the following are option money. Which is the earnest money? a. Given when there is no contract of sale. b. Given to bind the offer or in unilateral promise to sell or buy. c. Given as a separate consideration from purchase price. d. Given when contract of sale is perfected. vice or defect. 65. Is an act or any other means by which a defective contract is cured of itsa. Ratification b. Mutual restitution c. Rescission d. Annulment 66. 1. The right to annul may be transmitted to the heirs of the person who has the right to annul the voidable contract. 1. In a voidable contract, if the ground is incapacity, only the incapacitated person or his guardian can file an annulment of contract. a. Both are true b. Both are false c. Only I is true d. Only II is true 67. The stipulation in a contract to the effect that the debtor should remain as a servant in the house and in the service of her creditor so long as she had not paid her debt is void because it is: a. contrary to good customs b. contrary to law and morality c. contrary to public policy d. answer not given 68. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. Which of the following constitutes an offer? a. business advertisement of things for sale b. advertisements for bidders c. none of the above d. an offer made through an agent 69. Are those that cannot be sued upon or enforced unless they are ratified. a. Rescission contracts b. Voidable contracts c. Unenforceable contracts d. Void contracts 70. The following are the classification of unenforceable contracts, except: a. Due to absence of authority b. Due to violation of statute of frauds c. Due to incapacity of both parties d. Due to incapacity of one of the parties 71. When one of the parties to a contract is compelled to give his consent by a reasonable and well-grounded fear of an imminent and grave evil uponhis person or property, or upon the person or property of his spouse, descendants or ascendants, there is: a. Violence b. undue influence C. Intimidation d. Fraud 72. Simulation of a contract may be absolute or relative. It is relative when: a. The parties do not intent to be bound at all. b. The parties conceal their true agreement. c. The contract is void. d. It has no legal effect from the beginning. 73. The action to annul a voidable contract, such a contract where one of the parties is incapable of giving consent to the contract is extinguished by: a. Novation b. Ratification c. Rescission d. Specific performance 74. X sold a cellphone for P29,000 to Y. Subsequently, X delivered the cellphone to Y but the latter did not yet pay. The contract is: a. Rescission contract b. Enforceable contract c. Unenforceable contrac d. Void contract 75. I. A lease for more than one year is no longer covered by statute of frauds if the lessee is already in possession of the property; hence, it need not be in writing. II. A lease for five months is not covered by the statute of frauds and need not be in writing. a. Both are true b. Both are false c. Only I is true d. Only II is true 76. Choose the contracts which is voidable. a. Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them. b. Those whose object is outside the commerce of man. c. Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. d. Those where both parties are incapable of giving consent to a contract.spell are: 27. Contracts entered into in a state of drunkenness or during a hypnotic a. Void b. Voidable c. Unenforceable d. Rescissio 78. It takes place when the parties do not intend to be bound at all by their agreement. a. Apparent contract b. Relatively simulated contract c. Absolutely simulated contract d. Deed of assignment 79. The rule is that parties to an illegal contract have no right to enforce the contract. a. In Pari Delicto b. Mala in se c. Mala prohibita d. Mora solvendi ex re 80. 1. A void contract cannot be cleansed of its defect because it is void from the very beginning. II. If the principal contract of loan is void, the accessory contract of pledge is also void. Both are true b. Both are false c. Only I is true d. Only II is true 81. X intimidated Y to marry X's daughter. After a year, Y would like to file an action for annulment but could not do so because X was around to intimidate him. The marriage contract is: a. Rescissio b. Void c. Voidable d. Unenforceable 82. Through insidious words or machinations, X was able to induce Y to enter into a contract which without them Y would not have agreed to it. There is: a. Undue influence b. MistakeC. Fraud d. Intimidation 83. I. The action to claim rescission must be commenced within four years. II. For persons under guardianship and for absentees, the period of four years shall not begin until the termination of the former's incapacity, or until the domicile of the latter is known. a. Both are true b. Both are false c. Only I is true d. Only II is true 84. The process of intentionally deceiving others by producing the appearance of a contract which is different from the true agreement is: a. Absolute simulation of a contract b. Annulment of a contract c. Accion Pauliana d. Relative simulation of a contract 85. There shall be no reformation of contract in the following cases, except: a. In testamentary wills. b. Simple donation intervivos with no condition being imposed. c. Contract of mortgage executed as a contract of sale. d. A contract of sale fraudulently made as a contract of lease. 86. In order that a stipulation in favor of a third person would be valid and binding upon the parties thereto, the following are requisites; except: a. There must be a stipulation in favor of a third person. b. The contracting parties must have clearly and deliberately conferred a favor upon that third person. c. The third person communicated his acceptance to the obligor before its revocation. . That there must be an existing agency between either of the contracting parties and the third person. 87. Consent may be vitiated by: a. Mistake b. Intimidation . Violence d. All of the above 88. The elements of fraud vitiating consent for purposes of annulling contract are the following, except one: a. It was employed by a contracting party upon the other.b. It induced the other party to enter into the contract. c. It was not serious. d. It resulted in damages and injury to the party seeking annulment. 89. Must be in writing to be enforceable: a. Lease of land for 12 months b. Lease of car for 18 months c. Both a and b d. None of a and b 90. A and B agreed on February 3, 2000 that B will construct the house of A on January 2002. The contract was orally entered into. B received a down payment from A with the balance payable after completion of the house. The contract is: a. Voidable because it is not in public instrument. b. Unenforceable because it is not in writing and yet performance there is after one year from perfection. c. Enforceable even if not in writing, having been ratified. d. Void because it is not in writing as required by law. 91. D borrowed a sum of money from C with G as guarantor. The loan is in writing but the guaranty is oral. D failed to pay C, who now is demanding payment from G. Can G be compelled to pay? a. Yes, because he is the guarantor obliged to pay in case the debtor defaults. b. No, because the guaranty is void having been orally made. c. No, because the guaranty is unenforceable against G, it being oral. d. Yes, because the guaranty is enforceable, writing not needed. 92. A gave B one million pesos for the latter to kill C. Before B could accomplish his criminal intent to kill C, A changed his mind and demanded the return of the money from B. Decide: a. A cannot recover the payment he made to B because it was a void contract which does not allow recovery by the guilty party. b. A cannot recover the money because the contract is unenforceable. C. A can recover the money although the contract is void since the crime was not committed. d. No recovery and both A and B will be prosecuted for their crime. 93. In three of the following, the contract is cleansed of its defect by ratification. Which is not so ratified? a. Contract where the creditor was damaged by the act of the debtor who intended to defraud him.b. Contract entered into by a person incapable of giving consent. c. Sale of chattels orally entered into for a price not less than five hundred pesos. d. Lease of real property for more than one year orally entered into. 94. Statute of Frauds is applicable to a. Executed contract b. Oral contract of loan c. Contract not to be performed within a year from the making thereof d. Mutual promise to marry 95. Which of the following contracts must be in writing to be enforceable? a. Acts and contracts for the creation, transmission, modification, extinguishments of real rights b. The cession, repudiation, renunciation of heredity rights c. Contract of guaranty d. Contract of partnership 96. G was appointed as the guardian of M who owns a parcel of land valued at P1,000,000. M sold the land only for P700,000 to B. The contract was defective because it is: a. Unenforceable b. Rescissio C. Voidable d. Void 97. I. Statute of Frauds is not applicable if the contract is wholly executed. II. If the contract is partially performed, the statute of frauds is applicable. a. Both are true b. Both are false c. Only I is true d. Only II is true 98. The following contracts are void, except: a. Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy. b. Those which are relatively simulated. . Those whose cause or object did not exist at the time of the transaction. d. Those whose object is outside the commerce of men. 99. A sold to B a genuine X brand of beer. However, upon delivery, the former substituted a fake. B now wants to annul the sale. Decide. a. The contract is void ab initio therefore, it can be annulled.b. The contract can be annulled since it is voidable due to fraud. The contract cannot be annulled because it is only incidental fraud. d. There is dolo incidente therefore, it can be annulled. 100. S orally sold to B a parcel of land for which the latter paid P 1M. B now wants to register the sale so that he can have a Transfer Certificate of Title in his name. Decide. a. S cannot be compelled to execute the public document of sale because the sale is unenforceable. b. S can be compelled to execute the pubic document of sale because the sale is enforceable. c. The sale is void and therefore cannot be registered. d. S cannot be compelled to execute the public document of sale because the sale is voidableStep by Step Solution
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