Top 150+ Solved Review 2 MCQ Questions Answer
Q. A bus owned and operated by CRV Lines, Inc., and negligently driven by Mr. D, an employee rammed a Meralco lamp post. The incident injured Mr. P, a passenger, Mr. PD, a pedestrian. Which is correct?
a. Mr. D cannot be sued under a culpa criminal theory of Mr. P.
b. Mr. P can sue CRV Lines under a quasi delict theory as employer of Mr. D.
c. Mr. PD can sue CRV Lines under a contractual theory.
d. CRV Lines can be sued by Mr. P only under a contractual theory.
Q. Mr. Seller offered to sell to Mr. Buyer, a parcel of land for P5 million. Because the latter could not make up his mind, Mr. Seller gave him thirty (30) days within which to decide.
a. Seller may always withdraw the offer before 30 days.
b. Seller can withdraw the offer prior to acceptance by Mr. Buyer.
c. Seller cannot withdraw before the lapse of 30 days.
d. Answer is not given.
Q. Miss X, is a passenger in a jeepney driven by Mr. D and owned by Mr. O. The jeepney was rear-ended by another jeep owned by Mr. TP. Investigations disclosed that the fault was due to the driver of Mr. TP. Which is not correct?
a. Miss X may sue Mr. O under a breach of contract of carriage.
b. Miss X may sue Mr. TP under a culpa aquiliana theory.
c. Miss X may sue the driver of Mr. TP under a culpa criminal theory.
d. Mr. O in a suit by Miss X for breach of contract may defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP.
Q. Mr. Buyer bought a car from Mr. Seller, a dealer of cars under the following terms: (i) down payment of P500,000; (ii) entire balance is to be paid on December 24, 2004; (iii) a chattel mortgage is to be executed over the car bought or sold in favor of Mr. Seller. If on the due date for the balance, no payment is paid despite demand.
a. Mr. Seller may foreclose the mortgage on the car and recover any balance if there be a deficiency in the foreclosure sale.
b. Mr. Seller can foreclose the mortgage on the car but is precluded from recovering any balance.
c. Mr. Seller cannot foreclose the mortgage. His only remedy is to sue for the balance.
d. Mr. Seller can only cancel or rescind the sale.
Q. Mr. Seller offered to sell a parcel of land Mr. Buyer orally for P5 million. Mr. Buyer accepted orally on November 5, 2004.
a. The sale is voidable.
b. The sale is valid and can be registered.
Q. Mr. X. donated a cell phone worth P35,000 to Mr. B orally and delivered the same to Mr. B who accepted.
a. The donation is valid.
b. The donation is voidable and may be annulled.
c. The donation is void and Mr. X may get the cell phone back.
d. The donation is void but Mr. X cannot get the cell phone back.
Q. Which among the following must be in writing to be valid?
a. A sale of a land.
b. Every donation of personal or movable property.
c. A contract of partnership with a contribution of an immovable.
d. An authority by the principal to an agent to sell movables.
Q. The following are contracts that require the delivery of the subject matter before a perfected contract exists. Which is the exception?
a. An agreement to borrow/lend money.
b. An agreement to borrow/lend a car.
c. An agreement to deposit 1,000 bags of cement in a warehouse.
d. A sale of a car.
Q. Mr. Seller offered a parcel of land to Mr. Buyer No. 1 under a contract to sell. Subsequently, Mr. Seller sold the same land to Mr. Buyer No. 2 who paid the price. After a couple of days, Mr. Buyer No. 1 paid the price. Which is correct?
a. The one with a better right is Buyer No. 2
b. Mr. Seller has done a double sale.
c. The one with the better right is the buyer who registers the sale first in good faith.
d. There is no double sale.
Q. No. 1 – Fraud is always a ground for annulment of a contract.No. 2 – A simulated contract is voidable.
a. Both are false.
b. Both are true.
c. No. 1 is false; No. 2 is true.
d. No. 1 is true; No. 2 is false.
Q. Which contract is rescissible?
a. A contract where both parties are of unsound mind.
b. A contract violating the statute of frauds.
c. A contract where the debtor sells his property to defraud the creditor where the buyer is in good faith.
d. None of the above.
Q. When the debtor binds himself to pay when his means shall permit him to do so,
a. The obligation is deemed to be one with a period.
b. The obligation is a conditional obligation.
Q. Which of the following contracts is not unenforceable?
a. An oral agreement to pay for the debt, default or miscarriage of another.
b. An oral sale of land.
c. An oral sale of movables with a value of P500.
d. An oral agreement to lend P50,000.
Q. No. 1 – A contract of sale is a mode of acquiring ownership. No. 2 – Every delivery transfers ownership.
a. Both are false.
b. Both are true.
c. No. 1 is true; No. 2 is false.
d. No. 1 is false; No. 2 is true.
Q. Mr. X pledged his gold watch to Mr. Y as security for a loan. The loan was not paid.
a. Mr. Y may appropriate the ring as his own if there is a stipulation to that effect.
b. Mr. Y must sell the ring to someone else even in a private sale.
c. Mr. Y may recover the deficiency from Mr. X if after the auction sale, a deficiency exists.
d. Mr. Y cannot recover the deficiency after the auction sale.