Top 150+ Solved Review 2 MCQ Questions Answer
Q. Pedro promised to give Jose an orchard planted with mango trees on November 30, 2005. Before November 30, 2005, what right does Jose have over the orchard?
a. Jose has no right.
b. Jose has a personal right.
c. Jose has a real right.
d. Jose has both a personal and a real right.
Q. No. 1 - If a person obliged to do something fails to do it, the only remedy of the obligee is to demand for the payment of damages. No. 2 - If a person obliged to do something fails to do it, he may be compelled by court action to fulfill his obligation.
a. Both are true.
b. Only No. 1 is true.
c. Both are false.
d. Only No. 2 is true.
Q. Mr. Robles sold his only car to Mr. Roxas for P600,000. There was no agreed date for delivery and payment. The obligation of Mr. Robles as seller is:
a. to deliver when Mr. Roxas is ready to pay.
b. to deliver the car immediately because there is already a perfected contract.
c. to have the contract rescinded because no date is fixed for performance.
d. to deliver the car immediately because his obligation is pure.
Q. In order that fraud may make a contract void able:
a. It may be incidental but both parties should not be in pari delicto.
b. It may be serious and the parties must be in pari delicio.
c. It may be incidental but should have been employed by both parties.
d. It should be serious and should have not have been employed by both contracting parties.
Q. Gody obtained a loan from Eusebio in the amount of PhP10,000.00 payable on June 30, 2005 plus 10% interest. On January 2, 2005, Gody won PhP100, 000.00 in a bingo game and he offered to pay PhP10,000.00 to Eusebio. Eusebio refused to accept the payment offered by Gody. Which of the following statements is correct?
a. Eusebio can be compelled to accept the payment offered by Gody because the amount being offered is complete.
b. Eusebio can be compelled to accept the payment being offered if the interest will be reduced.
Q. Which of the following statements is correct?
a. Negligence signifies the idea of delay in the fulfillment of an obligation.
b. Delay or default means the failure to perform the obligation on the date agreed upon by the parties.
c. Incidental fraud is one committed in the performance of an obligation.
d. Proper diligence of a good father of a family means extra-ordinary diligence.
Q. Which of the period in the following cases is intended for the benefit of the debtor?
a. Payable on December 31, 2006
b. Payable before December 31, 2006
c. Payable on or before December 31, 2006
d. All of the above
Q. While Mr. P was walking along a busy street, he slumped and suffered from symptoms of a heart attack, and lost consciousness. Mr. D, a heart specialist saw what happened and through his expertise saved the life of Mr. P. If sued for Mr. D’s services.
a. Mr. P must pay on the basis of an implied contractual relationship.
b. Mr. P must pay under a quasi-contract.
c. Mr. P has no obligation to pay because he did not ask for Mr. D’s services.
d. Mr. P has no obligation to pay because the services of Mr. D can be construed as a voluntary act and hence, a donation.
Q. S and B entered into a sale of a four-hectare land for P1 million. S prepared the Deed of Sale and with fraudulent intent and taking advantage of B'’ failing eyesight changed the area of the land to reflect an area less than what had been agreed upon. The remedy of B upon discovery of the fraud is,
a. Annulment
b. Reformation of the contract
c. Rescission
d. Answer not given
Q. Which of the following statements is incorrect?
a. The full payment of the price is sufficient to make the buyer the owner of the thing sold.
b. In a sale, the full payment of the price is a suspensive condition for the seller to deliver.
c. Delivery of the thing sold is necessary to transfer ownership.
d. Delivery in a real contract is required not for transfer of ownership but for the perfection of the contract.
Q. On June 5, 2000, Jose Dizon was supposed to deliver to Ruben Samia a specified red car. There was no delivery however, on said date. On June 15, 2000, the garage of the car collapsed because of an earthquake and the car was totally destroyed. Is Jose Dizon liable?
a. No, because he could plead impossibility of performance due to a fortuitous event even if he is in default.
b. Yes, because Jose Dizon is in legal delay.
c. No, because there was no demand and the car was lost through a fortuitous event.
d. Yes, because there is a perfected contract.
Q. Seller wrote a letter to Buyer offering to sell a piece of land for P500,000. Seller gave Buyer two months to decide and pay the purchase price. Before the lapse of two months, Seller wrote Buyer that the price is now P700,000. Buyer insisted on an acceptance for P500,000. He wants to compel Seller to execute a deed of sale for the original offer of P500,000. May the Seller be compelled to honor the P500,000 offer?
a. No, because Buyer did not accept the original offer.
b. Yes, because two months have not yet elapsed.
c. Yes, because Seller is estoppel by his original letter.
d. Yes, because there was a meeting of the minds.
Q. Santos owes Maria P5 million. The debt is secured by a mortgaged on the house of Santos.No. 1 - If before the due date, the security is lost through no one’s fault, Maria can declare the debt due and demandable even before the original maturity date.No. 2 - If the house was burned up to 25% its value through the fault of Santos, the debt may be declared due by Maria even before the original maturity date but she cannot do so if the impairment was without the fault of Santos.
a. Both are correct.
b. No. 1 is correct; No. 2 is wrong.
c. No. 1 is wrong; No. 2 is correct.
d. Both are wrong.
Q. Alonzo offered to sell to Bernardo a parcel of land at a specified price. Alonzo gave Bernardo (60) days within which to accept the offer. Bernardo agreed to the period.
a. Before the lapse of sixty days, Alonzo may withdraw the offer or increase the price.
b. Before the lapse of sixty days no withdrawal can be made but the price may be increased.
c. No withdrawal can be made before sixty days because the period is binding.
d. No withdrawal can be made because there is already a perfected option contract.
Q. Jose is under obligation to deliver to Pedro, at the option of Jose, a car, a pick-up truck, or a van, all of which are specific.No. 1 - If the car and the pick-up truck were lost through Jose’s fault, he has no choice but to deliver the van; If the van was lost through a fortuitous event before delivery, the obligation is extinguished and Jose is not liable.No. 2 - If the pick-up truck and the car were lost through a fortuitous event, Jose has no choice but to deliver the van; if before delivery, the van was lost because of Jose’s fault, he is liable.
a. Both Nos. are true.
b. No. 1 is false; No. 2 is true.
c. Both Nos. are false.
d. No. 2 is true; No. 1 is false.