Midterm Reviewer Flashcards
What is a fortuitous event?
a. An event which could not be foreseen, or which though foreseen, is inevitable.
b. An event which could not be foreseen, or which, though foreseen, is indubitable.
c. An event which could not be foreseen, or which, though foreseen, is uncertain to happen.
d. An event which is certain to happen but the timing is not foreseen, or which, though foreseen, is unpredictable.
a. An event which could not be foreseen, or which though foreseen, is inevitable.
What is negligence?
a. Omission by the Debtor of the diligence required by the nature of the obligation and corresponds with the circumstances of the person, time and place.
b. Omission to observe the proper standard of certainty because of past events unknown to the parties.
c. Omission by the Creditor of the diligence required by the nature of the obligation and corresponds with the circumstances of the person, time and place.
d. Failure to observe the diligence of a good partner in the business.
a. Omission by the Debtor of the diligence required by the nature of the obligation and corresponds with the circumstances of the person, time and place.
What is fraud based on Article 1171 of the Civil Code?
a. The intentional evasion of a normal fulfillment of an obligation
b. The negligence committed in the normal fulfillment of an obligation
c. The deliberate delay or negligence exercised in the normal fulfillment of an obligation
d. The intentional evasion of the exercise of the diligence required of a good father of a family
a. The intentional evasion of a normal fulfillment of an obligation
What is a determinate thing?
a. A specific thing
b. A thing that is particular and cannot be substituted or replaced
c. A thing that is not generic
d. All of the above
d. All of the above
According to Article 1156, what is an obligation?
a. A juridical necessity to give, to do or not to do
b. A judicial necessity to give, to do or not to do
c. A juridical necessity to give or not to give, to do or not to don’t
d. A juridical necessity to give, to do and not to do
a. A juridical necessity to give, to do or not to do
Which one is not another term for fraud?
a. Denggoy
b. Dolo
c. Deceit
d. None of the above
a. Denggoy
Which one is not another term for negligence?
a. Bonum Pater Familia
b. Fault
c. Culpa
d. None of the above
a. Bonum Pater Familia
Which one is not a correct type of delay?
a. Mora maxima (Grave or maximum delay)
b. Mora solvendi (Delay by Debtor)
c. Mora Accipiendi (Delay by Creditor)
d. Compensatio morae (Delay by both Debtor and Creditor)
a. Mora maxima (Grave or maximum delay)
Which is not a correct type of culpa?
a. Culpa criminal
b. Culpa contractual
c. Culpa Aquiliana
d. Culpa Fortuito
d. Culpa Fortuito
Which is not a correct kind of condition?
a. Causal condition
b. Impossible condition
c. Potestative condition
d. Illegal condition
b. Impossible condition
Which is not a source of obligation?
a. Quasi-negligence
b. Delicts
c. Quasi-delicts
d. Quasi-contracts
a. Quasi-negligence
Which is not an element of an obligation?
a. Obligator
b. Prestation
c. Juridical tie
d. Obligee
a. Obligator
Which is not a type of fruit under the Civil Code?
a. Essential fruits
b. Civil fruits
c. Natural fruits
d. Industrial fruits
a. Essential fruits
The general rule for fortuitous events is that they excuse the debtor from complying with the obligation. There are three exceptions. Which one is NOT an exception?
a. When the nature of the obligation requires the assumption of risk
b. When the law states so
c. When agreed in a contract
d. When time is the essence
d. When time is the essence
The general rule for delay is that demand is needed before the debtor incurs delay. There are several exceptions to this rule. Which one is NOT an exception?
a. When the nature of the obligation requires the assumption of risk
b. When the law states so
c. When agreed in a contract
d. When demand would be useless
a. When the nature of the obligation requires the assumption of risk
Which is an obligation to do?
a. Juan will clear the yard of Pedro of fallen fruits.
b. Juan sold his car to Pedro.
c. Juan agreed not to sublease the condo unit he rents from Pedro.
d. Juan borrowed money from Pedro.
a. Juan will clear the yard of Pedro of fallen fruits.
Which is not a quasi-contract?
a. Juan opened the store of Pedro while Pedro was away on vacation because their neighbor Lita wanted to buy Coca Cola.
b. Juan received an excess of P20.00 change from the cashier of Bob’s.
c. Juan helped put out the fire in Pedro’s house while Pedro was away on vacation.
d. The bank mistakenly credited the amount of P10 billion in the account of Juan.
a. Juan opened the store of Pedro while Pedro was away on vacation because their neighbor Lita wanted to buy Coca Cola.
In case of delay, the Debtor may be held liable. Which one is not a possible liability of the Debtor?
a. Fine or imprisonment
b. Damages
c. Interest
d. Liability for loss even in fortuitous event
a. Fine or imprisonment
Which statement does NOT describe a pure obligation?
a. An obligation that does not depend on the happening of a condition
b. An obligation that does not depend on the arrival of a period
c. An obligation that is immediately demandable
d. An obligation that has absolutely no defects and in a nearly pristine or perfect state
d. An obligation that has absolutely no defects and in a nearly pristine or perfect state
What is a facultative obligation?
a. An obligation where only one prestation has been agreed upon, but the obligor may render another in substitution
b. An obligation that creates a choice on for the Debtor on what prestation to perform
c. An obligation that allows either the Debtor or Creditor to perform from any of the alternative prestations
d. An obligation to be performed by a member of the faculty
a. An obligation where only one prestation has been agreed upon, but the obligor may render another in substitution