BUSINESS LAW f
TESTBANK 1 f
1. On September 21, 2010, Piolo agreed to sell his only carabao to Sa
f f f f f f f f f f f f
m and Sam agreed to pay the price of P25,000 if Sam will pass the O
f f f f f f f f f f f f f f f
ctober 2010 CPA Examination. The list of successful examinees w
f f f f f f f f f
as released on October 21, 2010 and Sam is one of those who pass
f f f f f f f f f f f f f
ed the examination. As a result,
f f f f f
a. Piolo is entitled to the P25,000 price plus interest beginning Sept
f f f f f f f f f f
ember 21, 2010. f f
b. Sam is entitled to the carabao and its fruits beginning September
f f f f f f f f f f f
21, 2010. f
c. Sam is entitled to the carabao beginning September 21, 2010 an
f f f f f f f f f f
d to its fruits beginning October 21, 2010.
f f f f f f f
d. Piolo shall deliver the fruits of the carabao and Sam shall pay the i
f f f f f f f f f f f f f
nterest on the price beginning September 21, 2010. f f f f f f f
2. The following are elements of an obligation, except
f f f f f f f
a. Active and passive subjects f f f
b. Efficient cause f
c. Prescription
d. Vinculum
3. A, B, and C owe W, X, Y, and Z the sum of P120,000. If the obligation
f f f f f f f f f f f f f f f f f
is due, which of the following is not correct?
f f f f f f f f
a. A is liable only for a total of P40,000.
f f f f f f f f
b. W can only collect P10,000 from C
f f f f f f
c. B can be required to pay P40,000 to any of the creditors
f f f f f f f f f f f
d. Y can only collect a total of P30,000
f f f f f f f
4. The following pertains to facultative obligations, except:
f f f f f f
a. Comprehends only one object or prestation which is due f f f f f f f f
b. Choice pertains only to the debtor f f f f f
c. Fortuitous loss of all prestations will extinguish the obligation f f f f f f f f
d. Not given. f
,5. An obligation subject to the happening of a future and certain event i
f f f f f f f f f f f f
s
a. Conditional obligation f
b. Suspensive conditional obligation f f
c. Resolutory conditional obligation f f
d. Obligation with a period f f f
6. S1: The debtor shall lose the right to make use of the period when he
f f f f f f f f f f f f f f f
does not furnish any guaranty or security to the creditor.
f f f f f f f f f
S2: In an obligation subject to a suspensive period, what is suspend
f f f f f f f f f f f
ed is birth of the obligation.
f f f f f
a. True;true b. true;false c. false;false fff fff
d. false;true fff
7. Which of the following is not a generic obligation?
f f f f f f f f
a. Obligation to pay P1,000,000 f f f
b. Obligation to deliver 1999 Nissan Sentra Series III f f f f f f f
c. Obligation to deliver 50 cavans of rice f f f f f f
d. Obligation to give a delimited generic object f f f f f f
8. “I will give you my car provided that if I like to have it back, you will retu
f f f f f f f f f f f f f f f f f
rn the same to me.”
f f f f
a. The obligation is void, because the fulfillment depends upon the
f f f f f f f f f f
will of the debtor. f f f
b. The obligation is void, because the fulfillment depends upon the
f f f f f f f f f f
will of the creditor. f f f
c. The obligation is valid because the condition merely causes the l
f f f f f f f f f f
oss of rights already acquired. f f f f
d. Both A and B. f f f
9. S1: Dog obliged himself to give Cat a specific car tomorrow. If Dog fa
f f f f f f f f f f f f f
iled to deliver tomorrow after demand is made, Cat may compel Dog
f f f f f f f f f f f
to do his obligation and may ask for damages.
f f f f f f f f f
, S2: Darna obliged to deliver a car to Captain Barbel tomorrow. If Dar
f f f f f f f f f f f f
na failed to deliver tomorrow after demand is made, Captain Barbel’
f f f f f f f f f f
s right is to ask a third person to deliver a car to him at the expense of
f f f f f f f f f f f f f f f f f f
Darna plus damages. f f
a. Both statements are true. f f f
b. Both statements are false. f f f
c. Statement 1 is true while statement 2 is false. f f f f f f f f
d. Statement 1 is false while statement 1 is true. f f f f f f f f
10. Which of the following is not a conditional obligation? f f f f f f f f
a. D to give C P1,000 if C passes the examination.
f f f f f f f f f
b. D to pay C P1,000 if he has the means.
f f f f f f f f f
c. D to give C a horse if C marries X.
f f f f f f f f f
d. D is to use C’s car until C returns from Davao.
f f f f f f f f f f
11. It is the voluntary administration of the property of another wit
f f f f f f f f f f
hout his consent. f f
a. Negotiorum Gestio c. Quasi-delict f fff
b. Solutio Indebiti d. Contract f fff
12. A, B and C are solidary debtors of X and Y, solidary creditors, f
f f f f f f f f f f f f f
or P60,000. X makes a demand to A but the latter paid Y. In here, the
f f f f f f f f f f f f f f f f
obligation is not extinguished. f f f
A and B solidary debtors of X, Y and Z, solidary creditors. X demand
f f f f f f f f f f f f f
s payment from A, but B, upon whom no demand is made paid Z the
f f f f f f f f f f f f f f f
entire obligation. In here, the obligation is totally extinguished.
f f f f f f f f
a. True;true b. true;false c. false;false fff fff
d. false;true fff
13. Elmo is obliged to give Bert, either a ring worth P5,000; or brac f f f f f f f f f f f f
elet worth P4,500; or a watch worth P4,000. All the objects were lost
f f f f f f f f f f f f f
due to Elmo’s fault in the order stated.
f f f f f f f
a. Elmo’s obligation is extinguished. f f f
b. Elmo’s obligation is to pay the value of the ring plus damages. f f f f f f f f f f f
, c. Bert’s right is to demand the value of any of the objects plus dama
f f f f f f f f f f f f f
ges.
d. Elmo’s obligation is to pay the value of the watch plus damages.
f f f f f f f f f f f
14. Culpa aquiliana as distinguished from culpa contractual: f f f f f f
a. Proof of due diligence in the selection and supervision of employ
f f f f f f f f f f
ees is not considered a defense.
f f f f f
b. Proof of the contract and its breach is sufficient to warrant recove
f f f f f f f f f f f
ry.
c. The negligence of the defendant is only an incident in the perfor
f f f f f f f f f f f
mance of the obligation. f f f
d. The source of liability is the negligent act of the person causing d
f f f f f f f f f f f f
amage to another. f f
15. S1: When one of the parties has brought an action to enforce t
f f f f f f f f f f f f
he contract, he cannot subsequently ask for its reformation.
f f f f f f f f
S2: The injured party may seek rescission even after he has chosen
f f f f f f f f f f f f
the fulfillment of the obligation if the latter should become impossibl
f f f f f f f f f f
e.
a. True; true b. true;false
f c. false;false fff fff
d. false;true fff
16. S1: An oral sale of land made by its owner is unenforceable.
f f f f f f f f f f f
S2: Sale of land made by an agent without written authority from ow
f f f f f f f f f f f f
ner thereof is void.
f f f
a. False;false b. false;true c. true;true fff fff
d. true;false fff
17. S1:The principle of autonomy of contracts means that the con f f f f f f f f f
tracting parties as a rule may agree upon any stipulation, clause, ter
f f f f f f f f f f f
m and condition.
f f
S2: Relativity of contracts means that contracts take effect not only
f f f f f f f f f f f
between the parties but also their heirs and assigns.
f f f f f f f f
a. False;false b. true;true c. false;true fff fff
d. true;false fff
TESTBANK 1 f
1. On September 21, 2010, Piolo agreed to sell his only carabao to Sa
f f f f f f f f f f f f
m and Sam agreed to pay the price of P25,000 if Sam will pass the O
f f f f f f f f f f f f f f f
ctober 2010 CPA Examination. The list of successful examinees w
f f f f f f f f f
as released on October 21, 2010 and Sam is one of those who pass
f f f f f f f f f f f f f
ed the examination. As a result,
f f f f f
a. Piolo is entitled to the P25,000 price plus interest beginning Sept
f f f f f f f f f f
ember 21, 2010. f f
b. Sam is entitled to the carabao and its fruits beginning September
f f f f f f f f f f f
21, 2010. f
c. Sam is entitled to the carabao beginning September 21, 2010 an
f f f f f f f f f f
d to its fruits beginning October 21, 2010.
f f f f f f f
d. Piolo shall deliver the fruits of the carabao and Sam shall pay the i
f f f f f f f f f f f f f
nterest on the price beginning September 21, 2010. f f f f f f f
2. The following are elements of an obligation, except
f f f f f f f
a. Active and passive subjects f f f
b. Efficient cause f
c. Prescription
d. Vinculum
3. A, B, and C owe W, X, Y, and Z the sum of P120,000. If the obligation
f f f f f f f f f f f f f f f f f
is due, which of the following is not correct?
f f f f f f f f
a. A is liable only for a total of P40,000.
f f f f f f f f
b. W can only collect P10,000 from C
f f f f f f
c. B can be required to pay P40,000 to any of the creditors
f f f f f f f f f f f
d. Y can only collect a total of P30,000
f f f f f f f
4. The following pertains to facultative obligations, except:
f f f f f f
a. Comprehends only one object or prestation which is due f f f f f f f f
b. Choice pertains only to the debtor f f f f f
c. Fortuitous loss of all prestations will extinguish the obligation f f f f f f f f
d. Not given. f
,5. An obligation subject to the happening of a future and certain event i
f f f f f f f f f f f f
s
a. Conditional obligation f
b. Suspensive conditional obligation f f
c. Resolutory conditional obligation f f
d. Obligation with a period f f f
6. S1: The debtor shall lose the right to make use of the period when he
f f f f f f f f f f f f f f f
does not furnish any guaranty or security to the creditor.
f f f f f f f f f
S2: In an obligation subject to a suspensive period, what is suspend
f f f f f f f f f f f
ed is birth of the obligation.
f f f f f
a. True;true b. true;false c. false;false fff fff
d. false;true fff
7. Which of the following is not a generic obligation?
f f f f f f f f
a. Obligation to pay P1,000,000 f f f
b. Obligation to deliver 1999 Nissan Sentra Series III f f f f f f f
c. Obligation to deliver 50 cavans of rice f f f f f f
d. Obligation to give a delimited generic object f f f f f f
8. “I will give you my car provided that if I like to have it back, you will retu
f f f f f f f f f f f f f f f f f
rn the same to me.”
f f f f
a. The obligation is void, because the fulfillment depends upon the
f f f f f f f f f f
will of the debtor. f f f
b. The obligation is void, because the fulfillment depends upon the
f f f f f f f f f f
will of the creditor. f f f
c. The obligation is valid because the condition merely causes the l
f f f f f f f f f f
oss of rights already acquired. f f f f
d. Both A and B. f f f
9. S1: Dog obliged himself to give Cat a specific car tomorrow. If Dog fa
f f f f f f f f f f f f f
iled to deliver tomorrow after demand is made, Cat may compel Dog
f f f f f f f f f f f
to do his obligation and may ask for damages.
f f f f f f f f f
, S2: Darna obliged to deliver a car to Captain Barbel tomorrow. If Dar
f f f f f f f f f f f f
na failed to deliver tomorrow after demand is made, Captain Barbel’
f f f f f f f f f f
s right is to ask a third person to deliver a car to him at the expense of
f f f f f f f f f f f f f f f f f f
Darna plus damages. f f
a. Both statements are true. f f f
b. Both statements are false. f f f
c. Statement 1 is true while statement 2 is false. f f f f f f f f
d. Statement 1 is false while statement 1 is true. f f f f f f f f
10. Which of the following is not a conditional obligation? f f f f f f f f
a. D to give C P1,000 if C passes the examination.
f f f f f f f f f
b. D to pay C P1,000 if he has the means.
f f f f f f f f f
c. D to give C a horse if C marries X.
f f f f f f f f f
d. D is to use C’s car until C returns from Davao.
f f f f f f f f f f
11. It is the voluntary administration of the property of another wit
f f f f f f f f f f
hout his consent. f f
a. Negotiorum Gestio c. Quasi-delict f fff
b. Solutio Indebiti d. Contract f fff
12. A, B and C are solidary debtors of X and Y, solidary creditors, f
f f f f f f f f f f f f f
or P60,000. X makes a demand to A but the latter paid Y. In here, the
f f f f f f f f f f f f f f f f
obligation is not extinguished. f f f
A and B solidary debtors of X, Y and Z, solidary creditors. X demand
f f f f f f f f f f f f f
s payment from A, but B, upon whom no demand is made paid Z the
f f f f f f f f f f f f f f f
entire obligation. In here, the obligation is totally extinguished.
f f f f f f f f
a. True;true b. true;false c. false;false fff fff
d. false;true fff
13. Elmo is obliged to give Bert, either a ring worth P5,000; or brac f f f f f f f f f f f f
elet worth P4,500; or a watch worth P4,000. All the objects were lost
f f f f f f f f f f f f f
due to Elmo’s fault in the order stated.
f f f f f f f
a. Elmo’s obligation is extinguished. f f f
b. Elmo’s obligation is to pay the value of the ring plus damages. f f f f f f f f f f f
, c. Bert’s right is to demand the value of any of the objects plus dama
f f f f f f f f f f f f f
ges.
d. Elmo’s obligation is to pay the value of the watch plus damages.
f f f f f f f f f f f
14. Culpa aquiliana as distinguished from culpa contractual: f f f f f f
a. Proof of due diligence in the selection and supervision of employ
f f f f f f f f f f
ees is not considered a defense.
f f f f f
b. Proof of the contract and its breach is sufficient to warrant recove
f f f f f f f f f f f
ry.
c. The negligence of the defendant is only an incident in the perfor
f f f f f f f f f f f
mance of the obligation. f f f
d. The source of liability is the negligent act of the person causing d
f f f f f f f f f f f f
amage to another. f f
15. S1: When one of the parties has brought an action to enforce t
f f f f f f f f f f f f
he contract, he cannot subsequently ask for its reformation.
f f f f f f f f
S2: The injured party may seek rescission even after he has chosen
f f f f f f f f f f f f
the fulfillment of the obligation if the latter should become impossibl
f f f f f f f f f f
e.
a. True; true b. true;false
f c. false;false fff fff
d. false;true fff
16. S1: An oral sale of land made by its owner is unenforceable.
f f f f f f f f f f f
S2: Sale of land made by an agent without written authority from ow
f f f f f f f f f f f f
ner thereof is void.
f f f
a. False;false b. false;true c. true;true fff fff
d. true;false fff
17. S1:The principle of autonomy of contracts means that the con f f f f f f f f f
tracting parties as a rule may agree upon any stipulation, clause, ter
f f f f f f f f f f f
m and condition.
f f
S2: Relativity of contracts means that contracts take effect not only
f f f f f f f f f f f
between the parties but also their heirs and assigns.
f f f f f f f f
a. False;false b. true;true c. false;true fff fff
d. true;false fff
