Top 250+ Solved Albano MCQs MCQ Questions Answer
Q. Who may file an action to annul a contract?
a. Any person;
b. A party primarily or subsidiarily bound;
c. The State as protector of the rights of its citizens;
d. Heirs of a party.
Q. What is the remedy of a party whose right of first refusal to buy a property was violated?
a. Action for declaration of nullity of the contract;
b. Action for rescission;
c. Action for annulment;
d. Action to declare the contract unenforceable.
Q. In which of the following is a contract of sale not perfected?
a. Giving of downpayment;
b. Giving of earnest money;
c. Giving of option money;
d. Accepting the offer.
Q. The following statements are correct, except:
a. A right of first refusal is without any consideration;
b. In granting a right of first refusal, the period has yet to be determined at a future time;
c. In granting a right of first refusal, the amount to be paid will be determined at a future time;
d. A right of first refusal must be supported by a consideration in the form of money to be binding. (Vasquez v. CA)
Q. All the statements below are correct, except:
a. An option contract is separate and distinct from the contract of sale;
b. An option contract must be supported by consideration distinct from the price;
c. An option contract can only be supported by consideration in the form of money;
d. An option contract can be supported by consideration in the form of an undertaking.
Q. A and B entered into a contract for A to construct a 20-door apartment for B. Payment shall start after the construction of ten (10). A subsequent agreement was entered into that payment will start after construction of seven (7). What is the effect of the subsequent agreement?
a. It is extinguished the obligation partly because of novation;
b. It is a modificatory novation as there was a change in the principal terms and conditions of the contract;
c. It is an extinctive novation as the two (2) agreements are incompatible;
d. It did not alter the relationship as it has no effect at all.
Q. A entered into a contract of sale over B’s house and lot but since there is a balance which remained unpaid, A executed a mortgage over the house and lot. A failed to pay. Can B rescind the contract?
a. Yes, because of material and substantial breach;
b. Yes, because there was delay in the payment of the price;
c. No, because the relationship is no longer that of buyer and seller, but mortgagor and mortgagee.
d. No, because the remedy is to foreclose the mortgage, rescission not being the principal remedy, but merely subsidiary.
Q. A, was a consistent scholar at a prestigious university enjoying free tuition fees, books, clothing and housing allowances and was given a cash allowance of P25,000.00 per month. Due to some family problems, he decided to go back to General Santos City and enrolled at Holy trinity College, but before he could obtain his credentials, he was required to refund the amount of P300,000.00 equivalent to the privileges he enjoyed as that was the condition in the scholarship grant. Can he recover the amount?
a. No, because the contract is the law between the parties;
b. No, because of the principle of mutuality of contracts;
c. Yes, because the stipulation is contrary to morals and public policy. (Cui v. Arellano Univ., May 30, 1961; Art. 1306, NCC)
d. No, because of the principle of solution indebiti.
Q. X brought a house and lot from Y valued at P5M. He paid P3M and for the balance, he executed a promissory note with interest at 10% to be paid within 90 days. ABC Corporation executed a surety for the balance. X failed to pay, hence, ABC paid the amount and sued X for the interest and the principal. X contended that he is not bound due to novation when Y accepted the security. Is X correct?
a. Yes, because there is complete incompatibility between the PN and the surety bond;
b. No, because the two contracts, PN and surety can stand together, the surety being merely an accessory to the original contract;
c. Yes, because of implied novation;
d. Yes, because the surety is a new and separate contract.
Q. State the effect of illegal or immoral conditions in donations con causa onerosa. (onerous donations.)
a. The condition is considered as not imposed regardless of whether negative or positive;
b. Since the donations are governed by the law on contracts, the impossible or illicit conditions annul the obligation dependent upon the condition where the condition is positive and suspensive;
c. The illegal condition annulled the donation/contract even if the impossibility merely supervened;
d. Impossible or illegal conditions do not annul totally the obligations which depend upon them.
Q. A sent a document letter to B and obligated himself to give him P10M when he will feel like doing it. A year later, B wanted to enforce the commitment of A. What would be your advice if you were the counsel?
a. I would advice him to enforce it because the letter is akin to a contract;
b. I would advice him to enforce it because the letter is a source of a demandable obligation;
c. I would not advice him to enforce since the promise is void as the performance depends upon the sole will of A; (Art. 1182, NCC)
d. I would advice him to enforce because the letter is an express acknowledgment of an obligation.
Q. A and B entered into a contract of sale over A’s property. The document that evidences the contract did not state how much was paid, but A delivered the property to B. What is the nature of the contract?
a. Void;
b. Valid;
c. Unenforceable;
d. Rescissible.
Q. A school granted scholarship to EC but subject to the condition that if he will transfer to another school, he will refund all benefits he has already enjoyed. Is the stipulation valid?
a. Yes, because of the principle of mutuality of contracts;
b. Yes, because of the principle of relativity of contract;
c. No, because it is contrary to morals and public policy;
d. No, because it is contrary to law.
Q. When A borrowed money from B, the latter gave him a check for P10M as it was a Sunday. Was the contract of mutuum perfected?
a. Yes, because the contract is valid in any form;
b. Yes, because the delivery of the check in an evidence of perfection;
c. Yes, because of the principle of mutuality;
d. No, unless the proceeds of the check shall have been delivere
Q. A induced B to violate his contract with C resulting in damage to C. Under what rule is A liable for damages?
a. Liability is based on contract;
b. Liability is based on crime;
c. Liability is based on tort;
d. there is no basis for liability of A die to lack of privity.