Law on Obligations and Contracts Questions & Answers 2023/2024 update  True or false and multiple choices questions

Law on Obligations and Contracts Questions & Answers 2023/2024 update  True or false and multiple choices questions TRUE OR FALSE 1. In alternative and facultative obligations, once the choice is communicated to the other party the obligation becomes a simple obligation. TRUE 2. In resolutory conditions, if fulfillment of the condition depends exclusively upon the will of the debtor – Condition and Obligation are VALID. TRUE 3. In facultative obligation, the loss of the thing intended as a substitute through the fault of the debtor shall render him liable for damages. FALSE 4. A personal obligation to do, like a real obligation to deliver a generic thing, can be performed by a third person. TRUE 5. If there is stipulation between the parties, the debtor is obliged to deliver not only the specific thing but also the fruits thereof. FALSE 6. If both parties are guilty of contractual negligence, they are liable for damages to each other resulting from their own negligence. TRUE 7. A condition may refer to a past event provided that the happening of such fact is unknown to the parties. TRUE 8. As a rule, action for future negligence may be waived. Hence, a passenger of a public utility bus can validly waive any action for future negligence of the driver or operator thereof. FALSE 9. Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of the debtor FALSE 10. Proximate cause is equivalent to res ipsa loquitor. FALSE 11. Form is an essential element of obligation arising from contract, such as donation. TRUE 12. In an obligation to give, the debtor is obliged to deliver the object of the obligation as well as the accessions or accessories thereof even though they may not have been mentioned. FALSE 13. Under the law, every person criminally liable for a felony is also civilly liable. So, if a person is not criminally liable for a felony, he is not also civilly liable. FALSE 14. In alternative obligation, the consent of the creditor is necessary to the choice made by the debtor as to which object shall be delivered or performed. FALSE 15. In facultative obligation, the right of choice may be given to the creditor by express stipulation by the parties. FALSE 16. In pre-existing obligation which is subject to a potestative condition, the obligation is still VALID. FALSE 17. Whether the object of an obligation to give is determinate or generic, the creditor has the right to ask for the performance of the obligation. TRUE MULTIPLE CHOICE 1. It is the fault or negligence of a person which causes damage to another where there is no pre-existing contractual relation between the parties. a. Culpa b. Culpa aquiliana c. Culpa contractual d. Culpa criminal 2. S sold his bike to B with express reservation to repurchase it within six months. What is the effect upon the obligation in case the seller did not exercise his right of repurchase within the agreed period? a. The obligation did not arise because the suspensive condition was not fulfilled. b. The obligation is extinguished because the resolutory condition did not happen. c. The buyer sue the seller to compel him to repurchase the bike plus damages. d. The right of the buyer over the bike becomes absolute. 3. S sold his bike to B with express reservation to repurchase it within six months. Which of the following statements is correct? a. The contract of sale is subject to resolutory condition. b. The contract of sale is subject to resolutory term. c. The contract of sale is subject to suspensive condition. d. The contract of sale is subject to suspensive term. 4. When the debtor promises to pay as soon as his financial capacity improves, the obligation is subject to: a. Suspensive condition b. Suspensive term c. Resolutory condition d. Resolutory term 5. It is that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. a. Efficient cause b. Proximate cause c. Contributory cause d. Necessary cause 6. They include everything that is produced by a thing or is incorporated or attached thereto, either naturally or artificially. a. Accessions b. Accessories c. Natural fruits d. Civil fruits 7. X obligated himself to give Php10,000.00 to Y provided the latter shall not indulge in any prohibited drug. The obligation of X is: a. a pure obligation. b. subject to suspensive condition. c. subject to impossible condition. d. subject to obligation not to do. 8. B purchased online a shoulder bag from S. After one week, a parcel containing said bag was delivered by LBC Express to B, but she has no money yet to pay the agreed price because she did not expect the delivery at that time. a. B is guilty of fraud in the performance of her obligation because she misled S to believe that she has the money to pay the price. b. B is guilty of default as she is not ready to comply with her obligation at the time of delivery. c. B cannot be considered in default because there is no demand yet made by S. d. B is liable for reach of obligation either for fraud or delay it does not matter. 9. Action where the creditor may exercise all rights and actions in place of the negligent debtor, except those inherent in the person. * a. Primary remedies b. Subsidiary remedies c. Subrogatory action d. Action pauliana 10. Pedro was charged for the crime of "Estafa". After trial, he was acquitted on the ground of reasonable doubt. May Pedro be held civilly liable? a. No, because he was acquitted of the crime charged against him. b. Yes, because he may be civilly liable but not criminally liable. c. No, because that would be double jeopardy. d. Yes, because criminal liability is different from civil liability. 11. What is the remedy of the creditor / owner in case the debtor / worker failed or refused to paint the house as agreed upon? a. To compel specific performance plus damages because of the breach. b. To ask a third person to perform the job at the expense of the debtor plus damages. c. To refund the amount paid, if any. d. To hire another contractor. e. Any of the above. 12. Which of the following obligations is demandable at once? a. D promise to pay Php10,000.00 to C on October 30, 2020 without need of demand. b. For an agreed consideration, D lease his service car to C for one week. c. D is obliged to give Php500.00 to C if the latter pass his prelim exam in Law 1. d. D agreed to give a bundle of chocolate to X once the former is in the mood to do so. 13. The right of a creditor to demand for the fulfillment or performance of the obligation from the debtor is a: * a. Creditor's right b. Real right c. Personal right d. Demandable right 14. X was found guilty of theft by a court of justice and by way of civil liability, he was ordered to return the cellular phone subject matter of the offense to the owner / victim. However, X can no longer return said cellular phone because it was lost during the recent typhoon that inundated his house. The obligation of X arises from: a. Law b. Contract c. Quasi-Contract d. Delict e. Quasi-Delict 15. X was found guilty of theft by a court of justice and by way of civil liability, he was ordered to return the cellular phone subject matter of the offense to the owner / victim. However, X can no longer return said cellular phone because it was lost during the recent typhoon that inundated his house. Which of the following statements is correct? a. X is obliged to buy another cellular phone of same brand and model and deliver it to the offended party. b. The obligation of X is extinguished by fortuitous event. c. The obligation of X is not extinguished by fortuitous event. d. X should explain his predicament to the offended party and ask for forgiveness. 16. The obligation of parents to support their children and provide them education arises from: a. Law b. Natural law c. Contract d. Quasi-Contract 17. This is the right acquired by the creditor over the thing and its fruits when they have been delivered to him. * a. Possessory right b. Personal right c. Real right d. Credited right 18. It means the aggrieved party may file a judicial action to make the defaulting party comply with the prestation. a. Prestation b. Juridical necessity c. Legal tie d. Remedy 19. It refers to the subject matter/object of an obligation. a. Prestation b. Obligation to give c. Obligation to do d. Obligation not to do 20. X obligated himself to give Php50,000.00 to Y if the latter is successful in delivering a pack of shabu to Z on October 15, 2020. Which of the following statement is correct? a. The obligation of X becomes effective if the suspensive condition is fulfilled b. The obligation of X is suspensive and its fulfillment depends upon the sole will of Y. c. The obligation of X is extinguished if Y did not fulfill the suspensive condition d. The obligation of X is void 21. In what obligation action for substituted performance is available? a. Obligation to deliver a specific thing. b. Obligation to pay a sum of money. c. Obligation to construct a concrete fence. d. Obligation not to do. 22. That which binds the parties to the obligation, and which may arise from bilateral or unilateral acts of persons is referred to as ________. a. Prestation b. Juridical necessity c. Legal tie d. Contract 23. B purchased the service car of his friend S and paid the agreed price thereof but S did not deliver the thing sold on the date agreed upon despite demand. What is the kind or nature of the obligation of the parties? a. Bilateral obligation. b. Mutual obligation. c. Contractual obligation. d. Reciprocal obligation. 24. It is the fault or negligence of an obligor by virtue of which he is unable to perform his obligation arising from a pre-existing contract. a. Negligence b. Civil negligence c. Contractual negligence d. Criminal negligence 25. D appointed C as his agent to purchase a parcel of land belonging to X. D promised to give a commission of P10,000.00 to C if C can present to D the deed of absolute sale signed by X in favor of D on or before December 31, 2020. The condition of the obligation is: a. Negative b. Positive c. Impossible d. No condition exists 26. B purchased the service car of his friend S and paid the agreed price thereof but S did not deliver the thing sold on the date agreed upon despite demand. What is the remedy of B? * a. Specific performance plus damages. b. Rescission / Cancellation of sale plus damages. c. Avail any of the two remedies mentioned above. d. Avail both remedies mentioned above and let the court decides. 27. The obligation of a school to provide its students a safe and secure environment and an atmosphere conducing to learning is an obligation arising from: a. Law b. Contract c. Quasi-Contract d. Quasi-Delict 28. A teacher obligated himself to give a sign pen to students who pass the prelim exam in Law 1. Which of the following statements is correct? a. The condition is suspensive, potestative, positive and possible. b. The condition is resolutory, casual, positive and possible. c. The condition is resolutory, mixed, positive and impossible. d. The condition is suspensive, mixed, positive and possible. 29. It consists of the conscious, and intentional proposition to evade the normal fulfillment of an obligation. a. Fraud or dolo b. Fraud in the performance of obligation c. Fraud at the constitution of obligation d. Causal fraud 30. As a sales agent, D is under obligation to return to C the pieces of jewelry she was not able to sell within six months. The obligation of D is: a. to give a determinate thing b. to give a generic thing c. an obligation to do d. is subject to suspensive term e. is subject to suspensive conditionn f. Option 6 31. It is a prestation which consists in the delivery of a movable or an immovable thing in order to create a real right or for the use of the recipient or for its simple possession or in order to return it to its owner. a. Real obligation b. Personal obligation c. Obligation to do d. Obligation not to do 32. B purchased online a shoulder bag from S. After one week, a parcel containing said bag was delivered by LBC Express to B, but she has no money yet to pay the agreed price because she did not expect the delivery at that time. What is the remedy of S? a. Ask for performance of the obligation plus damages. b. Cancel the sale plus damages. c. Either of the two remedies mentioned above. d. Both remedies mentioned above. 33. It is the omission of that diligence which is required by the circumstances of person, place, and time. a. Negligence b. Contributory negligence c. Fault d. Res ipsa loquitor