Question 1 of 50 1 Point The following cannot give consent to a contract, except for? Select the correct response: demented persons Unemancipated minors none of the above deafmotes who know how to write Insane Question 10 of 50 1 Point The determination of the performance may be left to a third person, whose decision shall not be binding until it has been made known to both contracting parties. Select the correct response. O True O FalseQuestion 11 of 50 1Point The following are the ways by which innominate contracts are regulated, except Select the correct response: By the stipulation ofthe parties. By the customs of the place. By the general principles of quasi-contracts and delicts By the rules governing the most analogous nominate contracts. Question 12 of 50 1Point Which of the following expresses a correct principle of law? Choose the best answer. Select the correct response: Absolute simulation of a contract always results in a void contract. Violence or intimidation does not render a contract annullable if employed not by a contracting party but by a third person. Failure to disclose facts when there is a duty to reveal them, does not constitute fraud. A threat to enforce one's claim through competent authority, ifthe claim is legal orjust, does not vitiate consent Question 13 of 50 1 Point The following contracts are inexistent and void from the beginning, except- Select the correct response: Those whose cause, object O or purpose is contrary to law, morals, good customs, public order or public policy Those whose cause or O object did not exist at the time of the transaction O Those which contemplate an impossible service O Those which are relatively simulated or fictitiousQuestion 14 of 50 1 Point Real contracts are not perfected until the delivery of the object of the obligation. Which of the following is not a real contract? Select the correct response: O agency deposit O pledge CommodatumQuestion 15 of 50 1Point If mistake, fraud, accident or inequitable conduct has prevented a meeting of the minds of the parties to a contract, the proper remedy is Select the correct response: Reformation of the contract Ask for a specic performance Annulment of the contract Ratify the contract Question 16 of 50 1Point It is a principle which holds that contracts must be binding to both parties and its validity and effectivity can never be left to the will of one of the parties. Select the correct response: Relativity of contracts Obligatory force of contracts Mutuality of contracts Autonomy of contracts Question 17 of 50 1 Point In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced. Select the correct response: O True O FalseQuestion 18 of 50 1Point The conception of a contract is when Select the correct response: When the parties come to an agreement When negotiations are in progress When there is meeting ofthe minds When the contract is executed Question 19 of 50 1Point When one party was mistaken and the other knew or believed that the instrument did not state their real agreement, but concealed that fact from the former, the instrument may be reformed Select the correct response: True False Question 2 of 50 1Point When both parties to the contract are minors, the contract is: Select the correct response: unenforceable voidable rescissible void Question 20 of 50 1 Point Which of the following contracts of sale is void? Select the correct response: Sale of EGM's piece of land O by KRP, EGM's agent, whose authority is not reduced into writing. Sale of EGM's car by KRP, O EGM's agent, whose authority is not reduced into writing Sale of EGM's car by KRP, a O person stranger to EGM, without EGM's consent or authority. Sale of EGM's piece of land O by KRP, a person stranger to EGM, without EGM's consent or authority.Question 21 of 50 1 Point It is rule which holds that the freedom of the parties to contract includes the freedom to stipulate, provided the stipulations are not contrary to law, morals, good customs, public order or public policy Select the correct response. Mutuality of contracts O Obligatory force of contracts Autonomy of contracts O Relativity of contractsQuestion 22 of 50 1Point The following are solemn contracts (Contracts which must appear in writing), except: Select the correct response: Donations of real estate or of movables if the value exceeds P 5,000.00 Stipulation to pay interest in loans. Sale of land through an agent (authority must be in writing). Construction contract of a building. Question 23 of 50 1Point The presence of a vice of consent vitiates the consent of a party in a contract and this renders the contract Select the correct response: Void. Rescissible. Unenforceable Voidable. Question 24 of 50 1Point X sold Y 100 sacks of rice that Y was to pick up from X's rice mill on a particular date. Y did not, however, appear on the agreed date to take delivery of the rice. After one week, X automatically rescinded the sale without notarial notice to Y. Is the rescission valid? Select the correct response: No, since there was no express agreement regarding automatic rescission. Yes, automatic rescission is allowed since, having the character of movables and consumables, rice can easily deteriorate. No, the seller should rst determine that Y was not justied in failing to appear. No, the buyer is entitled to a customary 30-day extension of his obligation to take delivery of the goods. Question 25 of 50 1Point When the consent of one of the parties was vitiated, the contract is: Select the correct response: unenforceable void rescissible voidable Question 26 of 50 1Point The action for annulment shall be brought within __ years Select the correct response: 10 Question 27 of 50 1 Point A stipulation in favor of a third person Select the correct response: O Assignment of credit Pactum commissorium O Stipulation pour autrui O Stipulation pour overQuestion 28 of 50 1Point Consent was given by one in representation of another but without authority. The contract is: Select the correct response: voidable unenforceable rescissible void Question 29 of 50 1Point When bilateral contracts are vitiated with vices of consent, they are rendered Select the correct response: void. unenforceable rescissible. voidable. Question 3 of 50 1 Point Which of the following is not a requisites of a contract? Select the correct response: O Cause of the obligation which is established. O Consent of the contracting parties O Good faith of the contracting parties Object certain which is the subject matter of the contractQuestion 30 of 50 1 Point If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control. Select the correct response: O True O FalseQuestion 31 of 50 1 Point All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one. Select the correct response: O True O FalseQuestion 32 of 50 1Point Which of the following must appear in a public document? Select the correct response: The cession of actions or rights proceeding from an act appearing in a public document. The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person; The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains All otthe above Question 33 of 50 1Point Which ofthe following statements is wrong? Select the correct response: If a contract should contain some stipulation in favor of a third person, he may demand its fulllment provided he communicated his acceptance to the obligor before its revocation. Contracts take effect only between the parties, their assign and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. In contracts creating real rights, third persons who come into possession of the object of the contract are not bound thereby. Creditors are protected in cases of contracts intended to defraud them. Question 34 of 50 1 Point Contract which has no effect at all Select the correct response: O Unenforceable O Rescissio O Voidable O VoidQuestion 35 of 50 1 Point It refers to the rule that a contract is binding not only between parties but extends to the heirs, successors in interest, and assignees of the parties, provided that the contract involved transmissible rights by their nature, or by stipulation or by law Select the correct response: O Autonomy of contracts Mutuality of contracts O Obligatory force of contracts O Relativity of contractsQuestion 36 of 50 lPoint A sold to B his cow for P3000. No date is xed by the parties for the performance of their respective obligations. The obligation of A is Select the correct response: To deliver the cow upon the payment by B of P5,000 To deliver the cow immediately as there is a perfected contract. To rescind the contract as there is no time fixed for the delivery and payment. To deliver the cow within the reasonable time from the perfection of the contract Question 37 of 50 1 Point Takes place upon the concurrence of the essential elements thereof - Select the correct response: Perfection Negotiation Consummation O extinguishmentQuestion 38 of 50 1Point The action or defense for the declaration of the inexistence of a contract will prescribe for how many year? Select the correct response: does not prescribe 30 10 Question 39 of 50 1 Point The following are rescission contracts, except: Select the correct response: Entered into by guardian O whenever ward suffers damage more than 1/4 of value of property. Contracts where fraud is O committed on creditor (accion pauliana). Agreed upon in representation of absentees, O if absentee suffers lesion by more than 1/4 of value of property. O Contracts entered into by minors.Question 4 of 50 1 Point The following are the characteristics of a voidable contract, except: Select the correct response: O Effective until set aside. O Can be assailed only by either party. May be assailed/attacked O only in an action for that purpose. Can be confirmed or ratified.Question 40 of 50 1 Point A contract which is the direct result of a previous illegal contract, is also void and inexistent. Select the correct response. O True O FalseQuestion 41 of 50 1 Point Unenforceable contracts can be assailed by third persons. Select the correct response: O True O FalseQuestion 42 of 50 lPoint A is the guardian of B, a minor. B sold A's land in writing to C valued at P1 M for P.7l\\/|. The sale is (stage in the life of a contract) Select the correct response: Rescissible Void Unenforceable Voidable Question 43 of 50 1 Point Payments made in a state of insolvency for obligations to whose fulfillment the debtor could not be compelled at the time they were effected, are also rescissio Select the correct response: O True O FalseQuestion 44 of 50 lPoint Which phrase most accurately completes the statement - Any third person who induces another to violate his contract: Select the correct response: shall be liable for damages to the other contracting pay shall not be liable for damages to the other contracting party. shall not be liable for damages ifthe parties are in A pari delicto. shall be liable for damages only if he is a party to the same contract. Question 45 of 50 1Point When, there having been a meeting of the minds of the parties to a contract, their true intention is not expressed in the instrument purporting to embody the agreement, by reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for? Select the correct response: Compensation None of the above Novation Reformation Question 46 of 50 1 Point Contracts take effect only between the parties or their assigns and heirs, except where the rights and obligations arising from the contract are not transmissible by their nature, by stipulation, or by provision of law. In the latter case, the assigns or the heirs are not bound by the contracts. This is known as the principle of Select the correct response. Mutuality of contracts. O Relativity of contracts. Freedom to stipulate. Obligatory force of contractsQuestion 47 of 50 1 Point Contract which can not be ratified Select the correct response: O Void Unenforceable O Rescissio VoidableQuestion 48 of 50 1 Point Which of the following statements is correct? Select the correct response: Offers in interrelated O contracts are perfected upon consent. Advertisements for Bidders are only invitations to make O proposals and the advertiser is not bound to accept the highest/lowest bidder, unless it appears otherwise. Offers in interrelated O contracts require a single acceptance. Business advertisements O are definite offers that require specific acceptance.Question 49 of 50 1 Point Acceptance of an offer made by letter or telegram shall bind the offeror. From the time the Select the correct response: Offeree accepted the offer O Offeror made the offer O Acceptance came to the knowledge of the offeror O Offeree sent his letter or telegramQuestion 5 of 50 1Point An offer becomes ineffective on any of the following grounds, except: Select the correct response: Qualified/conditional acceptance of the offer, which becomes counteroffer. Acceptance of the offer by the offeree. Subject matter becomes illegal/impossible before acceptance is communicated. Death, civil interdiction, insanity/insolvency of either party before acceptance is conveyed. Question 50 of 50 lPoint A is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. Select the correct response: compensation ongaon novaon contract Question 6 of 50 1 Point A type of contract wherein a party, usually a corporation, prepares the stipulations in a contract while the other party merely affixes his or her signature or adhesion thereto. Select the correct response: Contract of Adhesion Nominate Contract Innominate Contract Contract of AgencyQuestion 7 of 50 1 Point Ratification cannot be effected by the guardian of the incapacitated person. Select the correct response. O True O FalseQuestion 8 of 50 1Point Rescission creates the obligation to return the things which were the object of the contract, together with their fruits, and the price with its interest; consequently, it can be carried out only when he who demands rescission can return whatever he may be obliged to restore. Select the correct response: True False Question 9 of 50 1 Point An obligation which is based on equity and natural law is known as: Select the correct response: O natural civil O quasi-contract O pure