TESTBANK LAW OBLIGATION I GENERAL PROVISIONS
OBLIGATIONS & CONTRACTS (Albano)
General Provisions
1.The duty not to recover what has been voluntarily paid although payment was no longer
required:
A. Natural obligation C. Civil obligation
B. Moral obligation D. None of the above
3.It is one of the essential elements of an obligation
A. A maker or drawer C. A drawee
B. An object or prestation D. Money
4.Three of the following are requisites of an obligation. Which is the exception?
A. Prestation C. Delivery B. Efficient cause D. Passive
subject
5.Which of the following is not an obligation arising from law?
A. Delict C. Quasi-delict
B. Quasi-contract D. Contract
6.The obligation of the employer to pay death benefits and funeral expenses for his employee’s
death while in the course of employment as sanctioned by the Workmen’s Compensation Act is
one that arises from:
A. Law C. Quasi-contracts B. Contracts D. Answer not
given
7. Which of the following is not considered as quasi-contract?
A. Solution indebiti
B. When the third person, without the knowledge of the debtor, pays the debt.
C. Negotiorum gestio
D. Reimbursement due the person who saved property during fire or storm without the
knowledge of the owner. E. None of the above.
8. When A voluntarily takes charge of the neglected business of B without the latter’s authority
where reimbursement must be made for necessary and useful expenses, there is a
pg. 1
, A. Quasi delict C. Negotiorum gestio
B. Quasi contract D. Solution indebiti
9. A juridical relation known as negotiorum gestio takes place
A. When a person voluntarily takes charge of another’s abandoned business or property
without the owner’s consent.
B. When something is received and there is no right to demand it and it was delivered through
mistake.
C. When a person is appointed by a court to take the property or business of another.
D. None of the above.
13. All of the following except one are civil liabilities arising from crime.
A. Restitution
B. Reparation of the damage caused
C. Imprisonment D. Indemnification for consequential damages
14. A civil liability which involves the return of the object of the crime whenever possible, plus
allowances for any deterioration or diminution of value as may be determined by the court to
the rightful owner –
A. Reparation C. Indemnification
B. Restitution D. Imprisonment
17. Culpa aquiliana as distinguished from culpa contractual
A. Proof of due diligence in the selection and supervision of employees is not available as a
defense.
B. Proof of the contact and its breach is sufficient prima facie to warrant recovery.
C. The negligence of the defendant is merely an incident in the performance of the obligation.
D. The source of liability is the defendant’s negligent act or omission itself.
18. A wrong committed independent of contract and without criminal intent is –
A. Culpa contractual C. Delict
B. Culpa aquiliana D. Quasi-contract
19. A wrong committed independent of a contract and with criminal intent –
A. Quasi-contract C. Culpa aquiliana
B. Culpa contractual D. None of the above
II – Nature and Effect of obligations.
pg. 2
,24. Unless the law or stipulation of the parties requires another standard of care,
the obligation to give a thing carries with it the obligation to take care of it
with:
A. Extra-ordinary diligence C. Diligence of a good father of a family
B. Ordinary diligence D. Answer not given
25. The creditor has a right to the fruits of the thing fromA. The time the thing
is delivered.
B. The time the obligation to deliver the thing arises.
C. The time the sale is perfected.
D. The time the fruits are delivered.
28. Which of the following is a determinate thing?A. A car.
B. A 2010 Mitsubishi adventure GSL Sport DSL
C. A Toyota Revo Sport Runner with Plate No. XCS 888.
D. A car owned by Pedro Cruz.
29. If the thing is determinate, the debtor can be compelled to deliver the thing promised and upon
failure, the creditor has a right to ask for damages.
If the object is generic and the debtor does not comply with the obligation, the creditor can ask
a third person to comply with the prestation at the expense of the debtor, plus damages.
A. True; False C. True; True
B. False; True D. False; False
30. The obligor is not liable for a fortuitous event when
A. There is default or mora on his part.
B. He promised to deliver the same thing to two or more persons.
C. The object is generic.
D. The object is determinate.
31. One is not a requisite needed in order that the obligation shall be extinguished by loss or
destruction of the thing due:
A. When the thing is lost without the fault of the debtor.
B. When the thing lost is generic.
C. When the thing is lost before the debtor has incurred in delay.
D. When the thing lost is specific.
pg. 3
, 37. Statement 1: Delay or mora in one of the sources of obligation.
Statement 2: There is no delay in an obligation not to do.
A. True; False C. False; True
B. True; True D. False; False
42. Demand is not needed to put debtor in default except
A. When the law so provides.
B. When demand would be useless as when the obligor has rendered it beyond his power to
perform.
C. When the thing is lost due to fortuitous event.
D. When time is of the essence of the contract.
46. Who is liable for the loss of the subject matter by fortuitous event?
A. Creditor C. Both creditor and debtor
B. Debtor D. None of them.
47. When the subject matter of the contract is lost through a fortuitous event, who is liable?
A. The debtor C. None of them B. The creditor D. Both creditor and debtor
48. No person shall be responsible for events which could not be foreseen, or which, though
foreseen, were inevitable, except:
A. When the debtor is guilty of delay.
B. When the nature of the obligation requires the assumption of risk.
C. When the law expressly provides for the debtor’s liability even in cases of fortuitous
events.
D. When the subject of the obligation is a generic thing.
E. All of the above.
49. D obliged himself to give a specific house to C on April 15, 2010, stipulating that D is liable
even if the house is lost through a fortuitous event, and without the need of a demand. On the
due date, the house was destroyed by a typhoon. Which of the following is correct? A. C can
compel D to deliver another house.
B. The obligation is totally extinguished.
C. C can require another person to deliver a house at the expense of D.
D. The obligation remains to subsist but converted into monetary consideration.
pg. 4
OBLIGATIONS & CONTRACTS (Albano)
General Provisions
1.The duty not to recover what has been voluntarily paid although payment was no longer
required:
A. Natural obligation C. Civil obligation
B. Moral obligation D. None of the above
3.It is one of the essential elements of an obligation
A. A maker or drawer C. A drawee
B. An object or prestation D. Money
4.Three of the following are requisites of an obligation. Which is the exception?
A. Prestation C. Delivery B. Efficient cause D. Passive
subject
5.Which of the following is not an obligation arising from law?
A. Delict C. Quasi-delict
B. Quasi-contract D. Contract
6.The obligation of the employer to pay death benefits and funeral expenses for his employee’s
death while in the course of employment as sanctioned by the Workmen’s Compensation Act is
one that arises from:
A. Law C. Quasi-contracts B. Contracts D. Answer not
given
7. Which of the following is not considered as quasi-contract?
A. Solution indebiti
B. When the third person, without the knowledge of the debtor, pays the debt.
C. Negotiorum gestio
D. Reimbursement due the person who saved property during fire or storm without the
knowledge of the owner. E. None of the above.
8. When A voluntarily takes charge of the neglected business of B without the latter’s authority
where reimbursement must be made for necessary and useful expenses, there is a
pg. 1
, A. Quasi delict C. Negotiorum gestio
B. Quasi contract D. Solution indebiti
9. A juridical relation known as negotiorum gestio takes place
A. When a person voluntarily takes charge of another’s abandoned business or property
without the owner’s consent.
B. When something is received and there is no right to demand it and it was delivered through
mistake.
C. When a person is appointed by a court to take the property or business of another.
D. None of the above.
13. All of the following except one are civil liabilities arising from crime.
A. Restitution
B. Reparation of the damage caused
C. Imprisonment D. Indemnification for consequential damages
14. A civil liability which involves the return of the object of the crime whenever possible, plus
allowances for any deterioration or diminution of value as may be determined by the court to
the rightful owner –
A. Reparation C. Indemnification
B. Restitution D. Imprisonment
17. Culpa aquiliana as distinguished from culpa contractual
A. Proof of due diligence in the selection and supervision of employees is not available as a
defense.
B. Proof of the contact and its breach is sufficient prima facie to warrant recovery.
C. The negligence of the defendant is merely an incident in the performance of the obligation.
D. The source of liability is the defendant’s negligent act or omission itself.
18. A wrong committed independent of contract and without criminal intent is –
A. Culpa contractual C. Delict
B. Culpa aquiliana D. Quasi-contract
19. A wrong committed independent of a contract and with criminal intent –
A. Quasi-contract C. Culpa aquiliana
B. Culpa contractual D. None of the above
II – Nature and Effect of obligations.
pg. 2
,24. Unless the law or stipulation of the parties requires another standard of care,
the obligation to give a thing carries with it the obligation to take care of it
with:
A. Extra-ordinary diligence C. Diligence of a good father of a family
B. Ordinary diligence D. Answer not given
25. The creditor has a right to the fruits of the thing fromA. The time the thing
is delivered.
B. The time the obligation to deliver the thing arises.
C. The time the sale is perfected.
D. The time the fruits are delivered.
28. Which of the following is a determinate thing?A. A car.
B. A 2010 Mitsubishi adventure GSL Sport DSL
C. A Toyota Revo Sport Runner with Plate No. XCS 888.
D. A car owned by Pedro Cruz.
29. If the thing is determinate, the debtor can be compelled to deliver the thing promised and upon
failure, the creditor has a right to ask for damages.
If the object is generic and the debtor does not comply with the obligation, the creditor can ask
a third person to comply with the prestation at the expense of the debtor, plus damages.
A. True; False C. True; True
B. False; True D. False; False
30. The obligor is not liable for a fortuitous event when
A. There is default or mora on his part.
B. He promised to deliver the same thing to two or more persons.
C. The object is generic.
D. The object is determinate.
31. One is not a requisite needed in order that the obligation shall be extinguished by loss or
destruction of the thing due:
A. When the thing is lost without the fault of the debtor.
B. When the thing lost is generic.
C. When the thing is lost before the debtor has incurred in delay.
D. When the thing lost is specific.
pg. 3
, 37. Statement 1: Delay or mora in one of the sources of obligation.
Statement 2: There is no delay in an obligation not to do.
A. True; False C. False; True
B. True; True D. False; False
42. Demand is not needed to put debtor in default except
A. When the law so provides.
B. When demand would be useless as when the obligor has rendered it beyond his power to
perform.
C. When the thing is lost due to fortuitous event.
D. When time is of the essence of the contract.
46. Who is liable for the loss of the subject matter by fortuitous event?
A. Creditor C. Both creditor and debtor
B. Debtor D. None of them.
47. When the subject matter of the contract is lost through a fortuitous event, who is liable?
A. The debtor C. None of them B. The creditor D. Both creditor and debtor
48. No person shall be responsible for events which could not be foreseen, or which, though
foreseen, were inevitable, except:
A. When the debtor is guilty of delay.
B. When the nature of the obligation requires the assumption of risk.
C. When the law expressly provides for the debtor’s liability even in cases of fortuitous
events.
D. When the subject of the obligation is a generic thing.
E. All of the above.
49. D obliged himself to give a specific house to C on April 15, 2010, stipulating that D is liable
even if the house is lost through a fortuitous event, and without the need of a demand. On the
due date, the house was destroyed by a typhoon. Which of the following is correct? A. C can
compel D to deliver another house.
B. The obligation is totally extinguished.
C. C can require another person to deliver a house at the expense of D.
D. The obligation remains to subsist but converted into monetary consideration.
pg. 4
