OBLIGATIONS AND CONTRACTS EXAMINATION

OBLIGATIONS AND CONTRACTS EXAMINATION INSTRUCTIONS: All of these questions are either MCQs or T/F questions. Choose the correct answer by underlining it and changing the font color to RED. Regarding the True/False por ...

OBLIGATIONS AND CONTRACTS EXAMINATION INSTRUCTIONS: All of these questions are either MCQs or T/F questions. Choose the correct answer by underlining it and changing the font color to RED. Regarding the True/False portion, your answers should also be in RED 1. It is a juridical relation whereby a person may demand from another the observance of a determinative conduct, and in case of breach, may demand satisfaction from the assets of the latter. a. Natural obligations b. Moral obligations c. Civil obligations d. Contracts 2. Which of the following can never be enforced in court? a. Obligation based on positive law b. Obligation based on conscience c. Obligation based on voluntariness d. Obligation based on contracts 3. Which is not an element of an obligation? a. Vinculum juris b. Obligee c. Prestation d. Contract 4. It is an efficient cause by which the debtor is bound to perform a prestation. a. Vinculum juris b. Obligee c. Prestation d. Contract 5. Which is not a way by which juridical tie is established? a. Statute b. Bilateral acts c. Unilateral acts d. Acts of god 6. It is he who in whose favor the obligation is constituted, established or created.a. Active subject b. Passive subject c. Obligor d. Debtor 7. It is the one in whom it is incumbent to fulfill the prestation. a. Active subject b. Passive subject c. Obligee d. Creditor 8. Which of the following is a active aspect of an obligation? a. Right b. Prestation c. Debt d. Juridical tie 9. The object of an obligation must NOT be: a. Licit b. Possible c. Indeterminate d. Determinable 10. Which is generally not required to make an obligation binding? a. Form b. Legality c. Possibility d. Determinability 11. Which is not always required to make an obligation binding? a. Possibility b. Determinability c. Pecuniary value d. Juridical relation12. Which conduct is not expected of the obligor? a. Giving b. Doing c. Not doing d. Not giving 13. Which of the following is an obligation not to do? a. Obligation of seller in a contract of sale b. Obligation of landowner in easement of way c. Obligation of painter in a contract of service d. Obligation of depositary in a contract of deposit 14. The law on nuisance creates an obligation… a. To do b. Not to do c. To give d. Not to give 15. Which characteristic of a valid prestation is also called “criteria”? a. Form b. Legality c. Possibility d. Determinability 16. Creditor can retain thing delivered voluntarily by the debtor even though, under the law, the obligation cannot be enforced. a. Civil obligation b. Moral obligation c. Natural obligation d. Legal obligation 17. Which of the following does not arise from natural law? a. Civil obligation b. Moral obligation c. Natural obligation d. Conscientious obligation18. Which of the following is a negative obligation? a. Obligation of seller in a contract of sale b. Obligation of landowner in easement of way c. Obligation of painter in a contract of service d. Obligation of depositary in a contract of deposit 19. Which of the following is a real obligation? a. To do b. To give c. Not to do 20. “I promise to give you one of my cars.” What kind of object is this? a. Generic b. Specific c. Determinate d. Limited generic 21. Which of the following is an obligation established by agreement of the parties? a. Unilateral obligation b. Bilateral obligation c. Conventional d. Statutory 22. Which of the following is a divisible obligation? a. To deliver a car b. To not kill any one c. To pay one million pesos d. To not compete with employer after retirement 23. “I will pay you 1 million for the car I bought from you.” a. Pure obligation b. Conditional obligation c. Joint obligation d. Solidary obligation24. This obligation is characterized by being immediately due and by lack of burden of time or condition. a. Pure obligation b. Conditional obligation c. Joint obligation d. Solidary obligation 25. A debtor is liable for the whole obligation although he has other co-debtors. a. Pure obligation b. Conditional obligation c. Joint obligation d. Solidary obligation 26. Who is entitled to reimbursement for other co-parties’ share in the contract? a. Solidary co-debtor b. Solidary co-creditor c. Joint co-debtor d. Joint co-creditor 27. This obligation gives the obligor an option to perform only one of several prestations. a. Simple obligation b. Alternative obligation c. Facultative obligation d. Obligation with a penalty 28. The general rule here is that interest stipulated in the agreement is generally substitute for fine. If parties agree, interest stipulated and fine should be paid. a. Simple obligation b. Alternative obligation c. Facultative obligation d. Obligation with a penalty 29. Husband has an obligation to support his wife and children. a. Obligation ex lege b. Obligation ex contractu c. Obligation ex malificiod. Obligation ex quasi-delicto 30. Which shows a combination of legal and contractual obligations? a. Husband and wife b. Bus driver and bus company c. Murderer and victim d. Mother and son