Reviewer Flashcards
It is a wrong committed without any pre-existing relations between the parties
Quasi-delict
BBC Cooperative is a store that does not transact with non-members. On February 1, 201A, BBC Cooperative paid the Laoag City local taxes believing that it owed the same. After (1) month, BBC Cooperative learned that it was exempted from any type of tax. Accordingly, it sought to recover the said taxes previously paid. What is Laoag City’s source of obligation to return the said taxes paid?
Solutio Indebiti
The following are examples of a quasi-contract, EXCEPT:
A person takes charge of the agency or management of business or property of another without any power or authority from the latter
It is a thing particularly designated or physically segregated from all others of the same class.
Determinate Thing
In which of the following cases must demand be made on the due date of the obligation for delay to exist?
When obligation does not indicate whether demand must be made or not on due date.
Which of the following cases shall there be no liability for loss of the object due to fortuitous events?
When the obligation is to deliver a determinate thing and there was no stipulation as to liability of the debtor incase of loss due to fortuitous events.
Which of the following is NOT an essential requisite of an obligation
Consent
It is the voluntary administration of the property of another without his consent.
Negotiorum gestio
It means delay on the part of the debtor
Mora Solvendi
Which of the following is a determinate thing
A Mitsubishi car with a plate no. BTS 123
Which of the following BEST describe a negative obligation?
It consists of abstaining from some act.
In this obligation, each debtor is liable only for a proportionate part of the debt, and each creditor is entitled only to a proportionate part of the credit.
Joint Obligation
A, B, C and D, solidary debtors, are obliged to give V, W, X, Y and Z, solidary creditors, P20,000. Which is true?
V may collect P20,000 from A.
Lisa is obliged to give Jennie a specific car if Jennie passes the CPA Licensure Examination. Lisa’s obligation is an example of:
Obligation with a suspensive condition
Which of the following is NOT an obligation subject to suspensive condition?
Hazel can use the car until Czarina graduates.
It is kind of obligation to which an accessory undertaking is attached to ensure its performance by virtue of which the obligor is bound to pay a stipulated indemnity or perform a stipulated prestation in case breach.
Obligation with a penal clause.
A has an obligation to deliver a specific cellphone to B, but a specific laptop may be substituted in place of the specific cellphone. Who has the right of choice in this type of obligation?
Always A
The fulfillment of this condition depends upon the sole will of the debtor in an obligation
Potestative Condition
Which of the following is a void obligation?
D is obliged to give C P5,000 if D goes to Baguio
Dina is obliged to give Bora P10,000 if Fely dies. This is an example of:
An obligation with a period
It is the total or partial extinction of an obligation through the creation of a new one, which substitutes it.
Novation
M owes P10,000 to P, evidenced by a promissory note. Subsequently, P assigned the note to A, A to B, B to C, and C back to M. In this case, how is the obligation of M extinguished?
By confusion
D is obliged to deliver his only horse to C for entry in the derby. The day before the agreed date of the delivery, the horse broke its right front leg. While it could walk, it could no longer run. Which is CORRECT?
The obligation is extinguished because the injury to the right front leg of the horse is a partial loss that is so important to obligation.
D is obliged to deliver a specific Toyota car to C. The parties agreed that should D so desire, he may deliver his only Lancer car to C as a substitute. Before D could make any substitution, the Lancer car was damaged beyond repair through the fault of D. Which is TRUE?
D is still obliged to deliver the Toyota car to C on the due date.
It is the offer made by the debtor to pay the obligation to his creditor.
Tender of payment
On January 1, 201A, D executed a written undertaking obliging himself to deliver 100 sacks of rice to C on January 31, 201A. On January 27, C demand the delivery of the 100 sacks of rice from D, but D did not comply. The following day, a fire of undetermined origin destroyed D’s warehouse, together with about 500 sacks of rice stored therein and from which D intended to get sacks of rice foe delivery to C.
D’s obligation to deliver 100 sacks of rice to C is not extinguished because he can get 100 sacks of rice from other sources.
D borrowed P50,000 from C. On due date, D did not have any money to pay debt, so he proposed to C that the latter accept a ring to settle the debt C accepted the proposal and received the ring. Immediately after receiving the ring. C sold it to B. D’s obligation to give P50,000 to C is extinguished by
Dacion en pago
D owes C P5,000. T, a third person and without any intention to be reimbursed by D, paid the debt without the consent of D. C accepted the payment. Which is TTUE?
The payment is considered valid because it was accepted by the creditor.
This type of novation refers to the transfer of all the rights of the creditor to a third person who substitutes him in all his rights.
Subrogation
This is the gratuitous abandonment by the creditor of his right against the debtor.
Condonation
The following persons CANNOT give consent to a contract EXCEPT:
Blind person who cannot speak
It is the manifestation of the meeting of the offer and the acceptance upon the thing and the cause, which is to constitute a contract.
Consent
Which of the following DOES NOT describe a contract?
It is unenforceable through legal proceedings.
Which of the following innominate contract means “I give that you may do”?
Do ut facias
It is a kind of contract that is perfected when it appears on a special form required by law.
Formal Contract
It is a meeting of minds between two (2) persons whereby one (1) binds himself with respect to the other to give something or render some service.
Contract
Which of the following may become a subject matter of a contract?
Hereditary right
S sold a specific lot consisting of 100 square meters to B. However, the deed of sale signed by the parties showed a total area of 120 square meters due to the mistake of the secretary who drafted the contract. Later, S discovered the mistake. What remedy is available to the party?
Action for the reformation of instrument
The following are necessary for the validity of consensual contracts, EXCEPT:
Formalities of contracts
Two (2) parties agreed in a contract that provides for the concealment of a public offense, or the suppression of evidence or the stifling of a criminal prosecution for a certain consideration. Is the stipulation valid?
No because it violates the autonomy of contracts.
What is the status of sale of a specific house at a price of P1 million payable in 10 annual installments when the delivery of the land will happen after three (3) years but the buyer had already paid p100,000 earnest money or down payment at the time of perfection?
Perfectly Valid
It is a defective contract that, though possessing all the essential requisites of contracts, has caused particular economic damage either to one of the contracting parties or to a third person.
Rescissible
It is a remedy granted by law for the declaration of the inefficacy of a contract based on a defect on the consent of one of the contracting parties to restore their original position in which they were before the contract was executed
Annulment
A sold in writing his particular cellphone to B after thee latter pointed a gun to A at a price of P1,000 when its book value is still P1,500. What is the status of contract?
Voidable
This type of contract generally produces no force and effect whatsoever
Void
Miran, an insane person, orally sold shabu at a price of P1,000.00, although its book value is P1,500.00, to Ira, an insane person. What id the status of contract?
Void
A a minor, sold in writing his ball pen for P1,000 to B, a capacitated person. The book value of the ball pen is P1,500, so A suffered lesion by more than 1/4 of the value of the thing, which is the object thereof. What is the status of contract?
Voidable
There was an oral contract of sale of a computer worth P30,000.00 between Shiwon (seller), a minor, and Bora (buyer), an insane person. The computer has been delivered and the price has been paid. What is the status of contract?
Unenforceable
This vice of consent exists when a person takes improper advantage of his power over the will of another, depriving the latter of reasonable freedom of choice.
Undue influence
What is the status of the contract of orals sale of a specific cellphone at a price of P499 between an insane and demented person?
Unenforceable
