Top 150+ Solved Review 2 MCQ Questions Answer
Q. As a general rule, consignation must be preceded by a valid tender of payment. Enumerated below however, are situations which allows a consignation without a prior tender of payment. Which is the exception?
a. When for any cause, the creditor refuses to give a receipt.
b. When the creditor is absent or unknown, or does not appear at the place of payment.
c. When two or more persons claim the same right to collect.
d. When the title to the obligation has been lost.
Q. Which among the following fails to state a correct legal principle?
a. The debtor in obligations to do shall be released when the prestation becomes legally or physically impossible without the fault of the obligor.
b. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary.
c. An obligation which consists in the delivery of a determinate thing shall be extinguished in any event it should be lost or destroyed without the fault of the debtor.
d. Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly.
Q. Mr. Debtor executed a promissory note in favor of Mr. Creditor in the amount of P100, 000. The debt is secured by a pledge on a ring owned by Mr. Debtor. Which among the following is most likely correct?
a. If on the due date, Mr. Creditor delivers the note to Mr. Debtor without collecting the debt, there is an implied condonation if the note is a private instrument.
b. If the debt is condoned by Mr. Creditor, the pledge is not condoned.
Q. For compensation to be proper, the following must be complied with. Which is the exception?
a. Both debts consist in a sum of money or of the same kind.
b. Both debts are due.
c. Both debts be liquidated and demandable.
d. Both parties are insolvent.
Q. It is the substitution or change of an obligation by another, which extinguishes or modifies the first either changing its object or principal condition, or substituting another in place of the debtor, or subrogating a third in the right of the creditor.
a. accion subrogatoria
b. novation
c. accion pauliano
d. none of the above
Q. Which among the following is not an essential element of an obligation?
a. Active and passive subjects.
b. Form of the obligation
c. Prestation
d. Juridical tie
Q. Mr. Oliveros, by virtue of a written agreement agreed to deliver to Mr. Santos a car on a specified date provided the latter pays the former P1 million.
a. The prestation is the car; Mr. Santos is the active subject; Mr. Oliveros is the passive subject and the juridical tie is the contract.
b. The active subject is Mr. Oliveros; the passive subject is Mr. Santos; the juridical tie is the law and the prestation is the giving of the car.
c. The active subject is Mr. Santos; the passive subject is Mr. Oliveros; the prestation is the delivery of the car and the juridical tie is law.
d. The passive subject is Mr. Oliveros; the active subject is Mr. Santos; the prestation is the delivery of the car and the juridical tie is the contract.
Q. When a party causes damage to another due to his negligent act and such damage is caused in the course of the performance of a contractual obligation, the latter is liable to the former on the basis of
a. culpa criminal
b. culpa extra contractual
c. culpa contractual
d. culpa aquiliana
Q. No. 1 - the same act of negligence of the defendant that causes injury to another may give rise to a liability based on culpa aquiliana and culpa criminal and the injured party may recover twice from the same act or omission of the defendant. No. 2 - When the defendant causes damage to the plaintiff through the formers fault or negligence, there being no contractual relationship between them, the basis of the defendant’s liability is a quasi-contract.
a. Both statements are false.
b. Both statements are true.
c. Only No. 1 is true.
d. Only No. 2 is true.
Q. They are lawful, unilateral and voluntary acts that are based on the principle that no one shall be enriched or benefited at the expense of another.
a. Quasi-delicts
b. Quasi-contracts
c. Culpa contractual
d. None of the above
Q. The quasi-contract of negotiorum gestio requires the following. Which is the exception?
a. There must be an abandoned or neglected property or business.
b. Someone voluntary takes charge of that abandoned business or property.
c. The owner must consent to the management of his business or property by someone.
d. The owner has the obligation to reimburse the expenses of the person who takes charge of his business or property.
Q. Pedro receives a package via Federal Express. When he opened the package he realized that the same was delivered to him by mistake and that the real owner thereof is Pablo, his neighbor. The obligation of Pedro to give the package to Pablo arises from
a. law
b. contracts
c. moral obligations
d. solutio indebiti
Q. Pedro offered to sell to Marita a purported diamond ring which actually was a stone of inferior quality. Believing it to be a genuine diamond ring, Marita bought and paid for the ring. If later on, Marita discovers the misrepresentation, Marita may:
a. sue for damages alone because of dolo causante.
b. sue for rescission.
c. for annulment because of dolo incidente.
d. for annulment because of dolo causante.
Q. Pedro borrowed money from Jose, payable on November 26, 2005. On the due date of the obligation, Pedro failed to pay. On December 30, 2005, Pedro paid the debt.
a. Pedro is in default.
b. Pedro is not in default.
c. Pedro is liable for interest.
d. Pedro is liable for damages.