Chapter 2 : Delay & Contracts

Question 1

True or False

If the obligation consists in the delivery of a determinate thing, the debtor who incurs in delay shall not be responsible for loss due to fortuitous event.

Answer 1

False

Question 2

True or False

There is no delay in obligation not to do as one cannot be in delay for not doing something.

Answer 2

True

Question 3

True or False

Mora solvendi refers to the delay on the part of the creditor which entails the refusal to accept the thing due without justifiable reason.

Answer 3

False

Question 4

True or False

As a general rule, the debtor incurs a delay if he does not perform his obligation on the date it is due

Answer 4

False

Question 5

True or False

Consent of the contacting parties is an essential element of a contract

Answer 5

True

Question 6

True or False

Real contracts are perfected by mere consent.

Answer 6

False

Question 7

True or False

An accessory contract is one whose existence depends upon another contract

Answer 7

True

Question 8

True or False

Perfection of birth occurs when the parties fulfill or perform the terms agreed upon in the contract, culminating the extinguishment thereof.

Answer 8

False

Question 9

This refers to the delay on the part of the creditor

A. mora solvendi ex re
B. compensation morae
C. mora solvendi ex personae
D. mora accipiendi

Answer 9

D. mora accipiendi

Question 10

It is the failure to perform an obligation on time which failure constitutes a breach of obligation.

A. Ordinary Delay
B. Legal Delay
C. Processing Delay
D. Transmission Delay

Answer 10

B. Legal Delay

Question 11

It is merely the failure to perform an obligation on time

A. Ordinary Delay
B. Legal Delay
C. Processing Delay
D. Transmission Delay

Answer 11

A. Ordinary Delay

Question 12

Demand is not necessary to put debtor in delay when

A. When the obligation so provides
B. When the law so provides
C. When time is of the essence
D. All of these

Answer 12

D. All of these

Question 13

The following are the kinds of delay or default, except

A. Mora solvendi
B. Mora accipiendi
C. Compensatio morales
D. Compensation morae

Answer 13

C. Compensatio morales

Question 14

The following are requisites of delay or default by the debtor except

a. Failure of the debtor to perform his (positive) obligation on the date agreed upon
b. Demand made by the creditor upon the debtor to comply with this his obligation which demand may be either judicial or extrajudicial
c. Failure to comply with such demand
d. None of these

Answer 14

d

Question 15

In reciprocal obligations, there is delay:

a. From the time the obligee judicially demands it.
b. From the time the oblige extrajudicially demands it.
c. From the time the other party complies with his obligation.
d. From the time the period stated in the obligation expires or lapses.

Answer 15

c

Question 16

What is an element of delay?

a. Obligation must not be due, demandable and liquidated.
b. A judicial or extrajudicial demand has not been made by the creditor.
c. Compliance of the debtor of the creditor’s demand for him to perform.
d. Debtor does not perform his positive obligation on the date agreed upon.

Answer 16

d

Question 17

What is the remedy of the debtor in case of mora accipiendi?

a. Annul the contract
b. Sue creditor for damages
c. Consign the thing
d. Compel the creditor to accept

Answer 17

c

Question 18

Which is an effect of mora accipiendi?

a. Debtor becomes liable for damages.
b. Creditor becomes liable for damages.
c. Debtor becomes liable for loss of the thing due to fortuitous events.
d. Creditor becomes liable for loss of the thing due to fortuitous events.

Answer 18

b

Question 19

The stages of a contract according to the order of their occurrence are:

a. Birth, conception, consummation
b. Conception, consummation and birth
c. Conception, birth and consummation
d. Consummation, conception and birth

Answer 19

c

Question 20

The elements of a contract without which a contract would not exist are known as:

a. Accidental elements
b. Natural elements
c. Special elements
d. Essential elements

Answer 20

d