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Law on Obligations and Contracts > Midterm Reviewer > Flashcards

Midterm Reviewer Flashcards

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1
Q

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

a. An event which could not be foreseen, or which though foreseen, is inevitable.

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2
Q

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

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.

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3
Q

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

a. The intentional evasion of a normal fulfillment of an obligation

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4
Q

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

A

d. All of the above

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5
Q

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. A juridical necessity to give, to do or not to do

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6
Q

Which one is not another term for fraud?

a. Denggoy
b. Dolo
c. Deceit
d. None of the above

A

a. Denggoy

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7
Q

Which one is not another term for negligence?

a. Bonum Pater Familia
b. Fault
c. Culpa
d. None of the above

A

a. Bonum Pater Familia

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8
Q

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

a. Mora maxima (Grave or maximum delay)

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9
Q

Which is not a correct type of culpa?

a. Culpa criminal
b. Culpa contractual
c. Culpa Aquiliana
d. Culpa Fortuito

A

d. Culpa Fortuito

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10
Q

Which is not a correct kind of condition?

a. Causal condition
b. Impossible condition
c. Potestative condition
d. Illegal condition

A

b. Impossible condition

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11
Q

Which is not a source of obligation?

a. Quasi-negligence
b. Delicts
c. Quasi-delicts
d. Quasi-contracts

A

a. Quasi-negligence

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12
Q

Which is not an element of an obligation?

a. Obligator
b. Prestation
c. Juridical tie
d. Obligee

A

a. Obligator

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13
Q

Which is not a type of fruit under the Civil Code?

a. Essential fruits
b. Civil fruits
c. Natural fruits
d. Industrial fruits

A

a. Essential fruits

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14
Q

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

A

d. When time is the essence

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15
Q

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

a. When the nature of the obligation requires the assumption of risk

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16
Q

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

a. Juan will clear the yard of Pedro of fallen fruits.

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17
Q

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

a. Juan opened the store of Pedro while Pedro was away on vacation because their neighbor Lita wanted to buy Coca Cola.

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18
Q

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

a. Fine or imprisonment

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19
Q

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

A

d. An obligation that has absolutely no defects and in a nearly pristine or perfect state

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20
Q

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

a. An obligation where only one prestation has been agreed upon, but the obligor may render another in substitution

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21
Q

True or False

Every person criminally liable is also civilly liable. This rule explains why crimes are sources of obligations.

A

True

22
Q

The debtor in an obligation to give a determinate thing is not responsible for the following:

a. Formally request the Creditor to comply with the obligation by delivering another thing
b. Take care of thing with the diligence of a good father of a family
c. Deliver the fruits of thing to the Creditor
d. Deliver the accessories and accessions

A

a. Formally request the Creditor to comply with the obligation by delivering another thing

23
Q

If the Debtor is not able to comply with his obligation, the Creditor can do any of the following EXCEPT:

a. Send the Debtor to jail
b. Compel delivery of the determinate thing
c. Cancel the obligation
d. Demand payment for damages

A

a. Send the Debtor to jail

24
Q

Which one is false?

a. If a person obliged to do something fails to do it, the same shall be executed at his cost.
b. If a person obliged to do something does it in contravention of the obligation, the same shall be executed at his cost.
c. If a person obliged to do something poorly does it, the same shall be undone at his cost.
d. If a person obliged to do something fails to do it, he can invoke his constitutional right against involuntary servitude as a blanket excuse for non-performance and as immunity from any liability.

A

d. If a person obliged to do something fails to do it, he can invoke his constitutional right against involuntary servitude as a blanket excuse for non-performance and as immunity from any liability.

25
Q

Which of the following does not result in liability for damages by the Debtor?

a. Delay
b. Fraud
c. Negligence
d. Mora accipiendi

A

d. Mora accipiendi

26
Q

True or False

There are two ways of making a demand, either judicially or extrajudicially.

A

True

27
Q

True or False

An obligation which contains a resolutory condition is immediately demandable.

A

True

28
Q

Which is not a correct way of describing the condition in a conditional obligation?

a. Unforeseen event
b. Future event
c. Uncertain event
d. Past event unknown to the parties

A

a. Unforeseen event

29
Q

Juan bound himself to build a house for Pedro for 10 Million Pesos. The active subject is:

a. Pedro
b. Juan
c. 10 Million Pesos
d. Build a house

A

a. Pedro

30
Q

Albee owed Bing the sum of P100,000.00. By mistake, Albee paid P200,000.00. Bing has the obligation to return the P100,000.00 under the principle of:

a. Solutio indebiti
b. Negotiorum gestio
c. Bonum Pater Familia
d. Caso fortuito

A

a. Solutio indebiti

31
Q

Which of the following is an example of fraud in the performance of an obligation?

a. Use of substandard steel bars in building the fence even if the client paid for premium quality
b. Delivery of a Class AAA fake Asics Gel Lyte 5
c. Tax evasion
d. All of the above

A

d. All of the above

32
Q

Lightning, World War III and earthquakes are examples of:

a. Force majeure
b. Propitious event
c. Irresistible force
d. None of the above

A

a. Force majeure

33
Q

When the fulfillment of the obligation depends upon the sole will of the Debtor, the obligation is:

a. Void
b. Valid
c. Conditional but Valid
d. Suspensive

A

a. Void

34
Q

Estafa, Rape and Murder are examples of:

a. Delicts
b. Quasi-delicts
c. Quasi-contracts
d. Criminal negligence

A

a. Delicts

35
Q

Which of the following instances shows negligence?

a. Doctor removes gall bladder instead of appendix
b. Pedestrian who was wearing earphones and listening to Dua Lipa jaywalked and got hit by a white van
c. Pedestrian got hit by a speeding jeepney and was injured
d. All of the above

A

d. All of the above

36
Q

Ping obliged himself to deliver a Toyota Fortuner with plate number NBA 2871 to Tito on Dec. 30, 2021. Before the arrival of the period, the car was struck by lightning and was totally destroyed without any fault on the part of Ping. What happens to the obligation?

a. Ping will have to deliver as agreed upon.
b. Ping must replace the car which was lost.
c. Ping is liable for damages for failure to protect the car.
d. The obligation is extinguished.

A

d. The obligation is extinguished.

37
Q

Which is not a specific or determinate thing?

a. Isko’s rare 100% alpaca fur shirt from Givenchy with SKU#ECXM357
b. Ferdinand’s gold encrusted Apple ipad 15 pro with 15.5” screen and serial number 07734
c. MacBook Air 2010 model
d. Leody’s red Porsche 911 with plate number KUP8E2

A

c. MacBook Air 2010 model

38
Q

When is a person not obliged to comply with his obligation upon the happening of a fortuitous event?

a. when the thing lost is a generic thing
b. when the obligation requires the assumption of risk
c. when the thing lost is a specific thing
d. when the thing is lost due to the negligence of the debtor.

A

c. when the thing lost is a specific thing

39
Q

Bong had earlier committed fraud against Filipinas, a spinster who was born on June 12. Bong’s father had likewise also committed fraud against the father and mother of Filipinas. Bong’s mother had also passed off fake jewelry and shoes as genuine and sold them to Filipinas. Recently, it was discovered that Bong had been convicted for not filing his income tax returns and paying his taxes. Now, Bong is about to enter into another contract with Filipinas on May 9, 2022 and demanded that Filipinas provide a waiver against future fraud. Filipinas insists that waiver against future fraud is void. Is Filipinas correct?

a. absolutely yes
b. no

A

a. absolutely yes

40
Q

I will lend you my car until you graduate from USLS. It is an example of an obligation with:

a. Resolutory Condition
b. Suspensive Condition
c. Potestative Condition
d. Casual condition

A

a. Resolutory Condition

41
Q

I will give you my car if your horse “Manny Money” will win the race. It is an example of:

a. Impossible Condition
b. Casual condition
c. Potestative condition
d. Alternative condition

A

b. Casual condition

42
Q

It is also called Vinculum Juris.

a. Efficient cause
b. Juridical necessity
c. Prestation
d. Mora nunquam peruit

A

a. Efficient cause

43
Q

I will pay you Php 10,000.00 if it will rain money in the Philippines.

a. The obligation contains an impossible condition
b. The obligation contains a casual condition especially if you live near a casino or the central bank
c. The obligation contains a suspensive condition
d. The obligation contains a meteorological condition

A

a. The obligation contains an impossible condition

44
Q

Which one is considered fraud in the performance of an obligation?

a. Aljon told Kyrie he still loves her even though he also fell in love with his friend named AJ.
b. Greggy, a candidate for congressman, promised to solve the flooding problem of Bacolod City in 3 to 6 months.
c. Pink made Leni sign a lease contract before the expiration of the earlier one.
d. Kiko paid Sarah for sinandomeng rice. Sarah, without the knowledge of Kiko, actually delivered NFA rice.

A

d. Kiko paid Sarah for sinandomeng rice. Sarah, without the knowledge of Kiko, actually delivered NFA rice.

45
Q

It is the kind of condition the happening of which gives rise to an obligation.

a. Suspensive condition
b. Resolutory condition
c. Dependent condition
d. Casual condition

A

a. Suspensive condition

46
Q

Which obligation does not require a demand in order to put the Debtor in delay?

a. Payment of income tax on April 15 of each year
b. Delivery of a 2018 Honda CRV
c. Build a roof of the house before the start of the rainy season
d. Sell notebooks before the start of classes

A

a. Payment of income tax on April 15 of each year

47
Q

True or False

In alternative obligations, the Debtor, as a general rule, has the right to choose the prestation.

A

True

48
Q

True or False

In obligations with a term, the obligations are sure to happen.

A

True

49
Q

Which does not contain an impossible or illegal condition?

a. I will appoint you company president if you promise to uplift the lives of Filipinos.
b. I will appoint you company president if you do not file your income tax return.
c. I will appoint you company president if you do not pay your income taxes.
d. I will appoint you company president if you promise to steal from the company or cover up for what your parents previously stole from the company.

A

a. I will appoint you company president if you promise to uplift the lives of Filipinos.

50
Q

The Debtor is obligated to:

a. Fulfill his or her obligation
b. Steal from the Creditor
c. Refuse to participate in a negotiation or discussion with the Creditor
d. Encourage his friends and family members to steal from the Creditor

A

a. Fulfill his or her obligation

Law on Obligations and Contracts (8 decks)

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