oblicon Quiz 5 and 6
b
An agreement was entered into by the parties which provides that either one of them may terminate the contract for the violation of any of its terms and conditions. Is this stipulation valid? a. No because it violates mutuality of contract which provides that its validity or compliance cannot be left to the will of one of them. b. Yes because the validity or compliance is not entirely left to the will of one of the contracting parties, but it merely gives the one party the right to declare such contract cancelled and of no effect in case of breach of contract by other party. c. No because it violates the freedom to enter into contract. d. Yes because the right to rescind a contract cannot be waived.
c
As a general rule, payment to a third person is not valid. The following are the exceptional instances wherein payment made to a third person is valid, except a. When in good faith, the debtor pays to one in possession of the credit. b. When, without notice of the assignment of the credit, the debtor pays to the original creditor. c. When the debtor was judicially ordered to retain the debt. d. When the payment to a third person redounded to the benefit of the creditor.
b
What is the implication of the delivery of a private document evidencing a credit, made voluntarily by the creditor to the debtor? a. It implies that the voluntary return of the private document is presumed to be by reason of payment of the debt. b. It implies that the voluntary return of the private document is presumed to be by reason of condonation or remission of the debt. c. It implies that the voluntary return of the private document is presumed to be by reason of novation of the debt. d. It implies that the voluntary return of the private document is presumed to be by reason of confusion of the debt.
b
What is the nature of condonation or remission? a. It is generally gratuitous and requires the acceptance by the obligor. b. It is essentially gratuitous and requires the acceptance by the obligor. c. It is generally onerous and requires the acceptance by the obligor. d. It is essentially onerous and requires the acceptance by the obligor.
c
What is the presumption whenever the thing is lost in the possession of the debtor in the absence earthquake, flood, storm or other natural calamity? a. The loss was due to force majeure. b. The loss was due to fortuitous event. c. The loss was due to the debtor's fault d. The loss was due to the creditor's fault.
a
What is the remedy of the debtor if the creditor to whom tender of payment has been validly made refuses without just cause to accept it? a. Consign or deposit the thing or sum due to the court b. Payment by cession c. Dation in payment d. Application of payments
c
What is the remedy of the parties in case the determination of the performance of contract of a third person is evidently inequitable? a. The contract should be declared null and void. b. The contract should be rescinded. c. The court shall decide what is equitable under the circumstances. d. The court shall leave the status of the contract.
False
When the debt of a thing certain proceeds from a criminal offense, the debtor shall be exempted from the payment of the price if the thing is lost through a fortuitous event. True False
c
Where a debtor transfers all his properties not subject to execution in favor of his creditors so that the latter may sell them and thus apply the proceeds to their credits a. Dation in payment b. Application of payment c. Cession d. Consignation
a
Where a property is alienated to the creditor in satisfaction of a debt in money. a. Dation in payment b. Application of payment c. Cession d. Consignation
b
Where shall payment of an obligation be made? a. Wherever the thing might be at the moment the obligation was constituted b. Place designated in the obligation. c. Domicile of the debtor. d. Domicile of the creditor.
a
Which of the following characteristics of contracts pertains to autonomy of contract? a. It means that the parties may establish such stipulations, clauses, terms, and conditions as they may deem convenient provided they are not contrary to law, morals, good customs, public order or public policy. b. It means that contracts are generally perfected by mere consent except in case real contracts that require delivery of subject matter and formal or solemn contracts which require execution of formality required by law. c. It means that contracts should not be contrary to law. d. It means that contracts should not contain doubt or ambiguity to avoid confusion and misunderstanding in the performance of contract.
d
Which of the following characteristics of contracts pertains to relativity of contract? a. It means that the contractual provisions constitute the law between the parties. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. b. It means that the validity and performance of contract cannot be left to the will of only one of the parties but must be mutually decided by all contracting parties. c. It means that the contract is binding only upon the contracting parties and their successors such as heirs or assignees and third persons are not generally allowed to assail a contract. d. It means that the parties may establish such stipulations, clauses, terms, and conditions as they may deem convenient provided they are not contrary to law, morals, good customs, public order or public policy.
b
Which of the following debts can be the subject of legal compensation? a. Valid debts only b. Valid, rescissible, voidable and unenforceable debts only c. Valid, rescissible and voidable debts only d. Valid and rescissible debts only
b
Which of the following is not a feature of dacion en pago? a. There may be two or more creditors involved. b. The debtor must be insolvent. c. Not all the properties of the debtor are involved. d. The debtor is generally released from his obligation/s.
d
Which of the following is not a feature of payment by cession? a. There is a plurality of creditors. b. The debtor must be insolvent. c. All the debtor's properties are generally involved in the cession. d. The debtor is totally released from his liabilities.
True
Consignation without tender of payment is sufficient if two or more persons claim the same right to collect. True False
b
Consignation, without any tender of payment, will release the debtor from liability in the following cases, except when? a. The creditor is absent or unknown, or does not appear at the place of payment. b. The creditor is capacitated to receive payment. c. Without just cause, the creditor refuses to give a receipt d. Two or more persons claim the same right to collect.
d
A contract was entered into between Y and Z. X induces Y to violate the contract. May Z file an action for damages against X? a. No because C is not a party to the contract. b. No because it will be violative of relativity of contract. c. Yes even if X has no knowledge of the contract between Y and Z. d. Yes because any third person who induces another to violate his contract shall be liable for damages to the other contracting party.
d
A mortgages his land to B and the mortgage is registered in Registry of Property. Afterwards, A sells the land to C. Is the mortgage contract binding upon C? a. No because C is not a party to the contract. b. No because there is no privity between B and C. c. Yes even if the mortgage contract is not registered. d. Yes because in contracts creating real rights, third persons who come into possession of the object of the contract are bound thereby, subject to the provisions of the Mortgage Law and Land Registration Laws.
b
A offered B to purchase his car. A allowed B two weeks to accept the offer. A and B also entered into a contract of option for the two weeks allowance and B paid P200 for the option. Can A withdraw the offer before acceptance by B? a. Yes because an offer may be withdrawn by offerer before the acceptance is communicated. b. No because the option contract is supported by a consideration. c. No because the offer cannot be withdrawn once given. d. Yes because the contract is not yet perfected.
d
A offers his watch to B for P500. B said that he will buy it for P450. Is the contract perfected? a. Yes because the consent is manifested. b. Yes provided B will pay P450. c. No because there is no delivery of the watch. d. No because a qualified acceptance constitutes a counter-offer.
d
A person died leaving liabilities. Are the heirs liable for the obligations of the decedent? a. No because there is no privity between them and the decedent. b. No because the heirs are not the contracting parties. c. Yes even beyond the property they received because contracts take effect between the parties, their assigns and heirs. d. Yes but not beyond the property they received because there is privity between them and their predecessor
c
A stipulation which provides that in the event of nonpayment of the debt at maturity that the creditor may appropriate for himself the thing given as security is null and void because it is contrary to a. Morals b. Good customs c. Law d. Public order
True
A third person who has an interest in the fulfillment of the obligation, such as a guarantor, may compel the creditor to accept payment True False
True
Before the court has declared that the consignation has been properly made or the creditor has accepted the consignation, the debtor may withdraw the sum or thing deposited in court as a matter of right. True False
c
D owes C the following debts: P4,000,00 due on February 1, P7,000.00 due on February 5, P5,000.00 due February 10, and P4,000.00 due on February 20. By agreement of the parties, the benefit of the period was given to D. If today is February 14, and D has not paid any of the said debts, but is offering P4,000.00 to C as payment today and supposing that when D gave the payment to C, D did not designate the debt to which the payment shall apply. Neither did C indicate in the receipt that he issued to D which debt was being paid. Which debt is being paid? a. The debt due on February 1 amounting to P4,000.00 only b. The debt due on February 20 amounting to P4,000.00 only c. To the debts due on February 1, February 5 and February 10 proportionately at P1,000.00, P1,750.00 and P1,250.00, respectively. d. To all the debts proportionately at P800.00, P1,400.00, P1,000.00, and P800.00 respectively.
c
D owes C the following debts: P4,000,00 due on February 1, P7,000.00 due on February 5, P5,000.00 due February 10, and P4,000.00 due on February 20. By agreement of the parties, the benefit of the period was given to D. If today is February 14, and D has not paid any of the said debts, but is offering P4,000.00 to C as payment today, to which debt may D apply the payment? a. To the debt due on February 1 amounting to P4,000.00 only. b. To the debt due on February 20 amounting to P4,000.00 only. c. To the debt due on February 1 or February 20, at his option. d. To all the debts proportionately at P800.00, P1,400,00.00, P1,000.00, and P800.00, respectively.
c
Dation in payment as a mode of extinguishing obligation shall be governed by the provision a. Law on Barter b. Law on Obligation c. Law on Sales d. Law on Credit Transactions
c
If the obligation to pay a sum of money is changed to obligation to deliver a determinate thing before the maturity date of the loan, the obligation is considered to be extinguished by a. Compensation b. Payment by cession c. Novation d. Tender of payment and consignation
b
If two or more persons claim the same right to collect from the debtor, the debtor's appropriate remedy is: a. tender of payment b. consignation. c. payment by cession. d. dation in payment.
b
In delegacion, may the insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, revive the action of the latter against the original debtor? a. Yes, under any circumstances because the obligation is already extinguished. b. No as a general rule except in two cases: 1) when said insolvency was already existing and of public knowledge when he delegated his debt, or 2) when said insolvency was known to the original debtor when he delegated his debt. c. Yes even of the creditor has knowledge that the new debtor was insolvent at the time of delegation. d. No because the debtor has not given his consent to the delegation.
False
In obligations to do, the debtor's obligation is extinguished fault if the prestation becomes physically impossible due to his fault True False
d
It is a type of novation which refers to the transfer of all the rights of the creditor to a third person, who substitute him in all his rights. It transfers to the person subrogated the credit with all the rights thereto appertaining, either against the debtor or against third persons, be they guarantors or possessors of mortgages, subject to stipulation in a conventional subrogation. a. Novation b. Compensation c. Confusion d. Subrogation
d
It is one of the two types of subrogation wherein the debtor, original creditor and third person agree to the substitution of creditor. a. Expromission b. Delegacion c. Legal subrogation d. Conventional subrogation
c
It refers to a special form of payment whereby a property is alienated to the creditor in satisfaction of a debt in money when the loan in money is already due at the time of change. a. Application of payment b. Payment by cession c. Dation in payment d. Tender of payment and consignation
b
It refers to the designation of the debt which is being paid by a debtor who has several obligations of the same kind in favor of the creditor to whom payment is made. a. Dation in payment b. Application of payments c. Payment by cession d. Tender of payment and consignation
d
Novation of obligation may take place by the following, except a. Changing their object or principal conditions (Real novation) b. Substituting the persons of the debtor (Expromission or Delegacion) c. Subrogating a third person in the rights of the creditor (Subrogation whether legal or conventional d. Changing their term or period (Both extending and shorting of term)
True
Payment by a third person who does not intend to be reimbursed by the debtor shall be deemed to be a donation which requires the consent of the debtor. However, even if the debtor does not give his consent, payment shall nevertheless be valid with respect to the creditor. True False
True
Payment made in good faith by the debtor to a person in possession of the credit releases him from liability. True False
True
Payment may be applied to a debt not yet due if the term was constituted in favor of the party making the application True False
True
Payment to an incapacitated creditor shall be valid if he has kept the payment True False
c
The act of depositing the thing due with the court or judicial authorities whenever the creditor cannot accept or refuses to accept payment. a. Tender of payment b. Application of payment c. Consignation d. Datio in solutum
c
The act of offering the creditor what is due him together with a demand that the creditor accept the same. a. Datio in solutum b. Application of payment c. Tender of payment d. Cession
c
The contract provides that the determination of the performance is left to of a third person. Is the stipulation valid? a. No because it is contrary to law, morals, good customs, public order or public policy. b. No because it violates mutuality of contract. c. Yes because the determination of the performance of contract may be left to a third person, whose decision shall not be binding until it has been made known to both contracting parties. d. Yes because the determination of the third person is obligatory whether or not it is evidently inequitable.
False
The debtor of a thing may compel the creditor to accept a different one if the latter is more valuable than that which is due True False
d
The following are the essential requisites of real contracts, except a. Delivery of the subject matter b. Consent of the contracting parties c. Object certain which is the subject matter of the contract d. Execution of formality or solemnity required by law
d
The following are the innominate contracts, except a. Do ut des (I give that you may give.) b. Do ut facias (I give that you may do.) c. Facio ut des (I do that you may give.) d. Facias ut facias (I do not do that you may not do.)
a
The following are the requisites of novation, except a. There must be a previous void obligation. b. There must be agreement of all parties to the new contract. c. There must be extinguishment of the old contract. d. The new obligation must be valid.
c
The following are the rules to be observed in applying obligations with a penal clause, except a. Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded. b. The judge shall equitably reduce the penalty when the principal obligation has been partly or irregularly penalty may also be reduced complied with by the debtor and even if there has been no performance, the by the courts if it is iniquitous or unconscionable. c. The nullity of the penal clause carries with it that of the principal obligation d. The nullity of the principal obligation carries with it that of the penal clause.
c
The following statements concerning merger or confusion are correct, except a. The effect of merger is to extinguish the obligation. b. Merger which takes place in the person of the principal debtor or creditor benefits the guarantor c. Merger which takes place in the person of the guarantor extinguishes the principal obligation d. Confusion does not extinguish a joint obligation except as regards the share corresponding to the creditor of debtor in whom the two characters concur.
b
Which of the following statements best describes a real contract? a. It is a contract perfected by mere consent such as contract of lease and contract of sale. b. It is a contract perfected by the delivery of the object of the contract such as contracts of deposit, of pledge, of loan and of commodatum. c. It is a contract which must be in the form provided by law for their perfection such as contract of donation involving immovable property, together with the acceptance by the donee, must be in a public instrurnent to be valid. d. It is a contract involving delivery of real property.
b
Which of the following statements best describes aleatory contract? a. It is a contract whereby the parties give equivalent values such as contracts of sale and barter hence, there is real fulfillment. b. It is a contract whose fulfillment depends upon chance such as insurance contract. c. It is a contract where only one of the parties is obligated to give or to do something such as contracts of commodatum and gratuitous deposit. d. It is a contract where both parties are required to give or to do something such as contracts of sale and barter.
a
Which of the following statements best describes an onerous contract? a. It is a contract whereby there is an exchange of valuable consideration such as contracts of sale and barter. For each contracting party, the cause is the prestation or the promise of a thing or service by the other. b. It is a contract whereby one party receives no equivalent consideration such as contracts of donation and commodatum. These contracts are referred to as contracts of pure beneficence, the cause of which is the liberality of the benefactor. c. It is a contract whereby the cause here is the service or benefit remunerated. d. It is a contract wherein there is no cause or consideration.
d
Which of the following statements concerning novation is incorrect? a. In order that an obligation may be extinguished by another which substitutes the same, it is imperative that it be so declared in unequivocal terms. b. Novation is never presumed. c. There is implied novation if the old and new obligations are on every point incompatible with each other. d. Novation must only be expressed but it cannot implied.
b
Which of the following statements concerning novation is incorrect? a. When the principal obligation is extinguished in consequence of a novation, accessory obligations may subsist only insofar as they may benefit third person who did not give their consent. b. If the new obligation is void, the original obligation was extinguished, unless the parties intended that the former should subsist in any event. c. The novation is void if the original obligation was void, except when annulment may be claimed only by the debtor, or when ratification validates acts which are voidable. d. If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated.
d
Which of the following statements concerning the concept of consent is incorrect? a. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. b. The offer must be certain and the acceptance absolute. c. A qualified acceptance constitutes a counter-offer. d. Consent must be expressed but not implied.
a
Who has the right to application of payments? a. Debtor b. Creditor c. Both debtor and creditor d. Neither debtor nor creditor
b
Who shall shoulder the expenses of a valid consignation? a. Debtor b. Creditor c. Government d. None of the above
