BL
BL
Refresher I
Business Law
BL - 002
Obligations and Contract
1. I.
The law on obligations and contracts is the body of rules that deals with the nature and
sources of obligations and rights and duties arising from agreements and contracts.
II. The source of the Law on Obligations and Contracts is the Civil Code of the Philippines.
a. I True; II false
c. Both are true
b. I False; II True
d. Both are false
2. I.
In an obligation, the debtor or obligor, the person who is bound to the fulfillment of an
obligation is known as the active subject.
II. Prestation is the legal tie which binds the parties to the obligations; otherwise known as
juridical tie or vinculum juris.
a. I True; II false
c. Both are true
b. I False; II True
d. Both are false
Quasi-contract is the juridical relation resulting from lawful, voluntary and unilateral acts
by virtue of which the parties become bound to each other to the end that no one will
be unjustly enriched or benefited at the expense of another.
II. Quasi-delict is one that causes damages to anoter, there being fault or negligence based on
no pre-existing contractual relation between parties.
a. I True; II false
c. Both are true
b. I False; II True
d. Both are false
5. Obligations derived from law shall be governed by ther law, which establishes them.
I. The obligation of the husband and wife to support each other.
II. The obligation of a taxpayer to file his income tax return.
III. The obligation of the legitimate asecendants and descendants to support each other.
a. I True; II false
c. II True; III True
b. I False; II True
d. All are true
6. I.
Voluntary administration of the property, business or affairs of a third person without the
consentor authority of its owner is a quasi-contract known as Solutio Indebiti.
II. Payment by mistake of an obligation which was not due when paid is a quasi delict known
Negotiorum Gestio.
a. I True; II false
b. I False; II True
7. In a civil liabilityy, one of the following is included except:
a. Restitution
b. Conditional punishment
8. Ben, while driving his car negligently he hit a person crossing the road, inflicting upon the latter
bodily injury. Ben is liable because of this negligent act known as:
a. Quasi-delict
c. Quasi-contract
b. Culpa contractual
d. Solutio indebiti
9. Which of the following obligations of a person obliged to give something is false?
a. To preserve and take good care of the thing.
b. To deliver the thing including its fruits.
c. To deliver the accessions and not the accessories.
d. To deliver the accessions and accessories.
10. The creditor has a right to the fruits of the thing from the time the obligation to deliver it
arises. These fruits includes the following except:
a. Natural fruits
c. Industrial fruits
b. Juicy fruits
d. Civil fruits
11. I.
A 2001 pajero wit engine# 2021 and plate# STD 1007 is a determine thing.
II. A 21-inch 2001 model TV set is an indeterminate or generic thing.
a. I True; II false
c. Both are true
b. I False; II True
d. Both are false
c. Mora vivendi
d. Compensatio morae
a.
b.
c.
d.
Yes
Yes
No
No
Yes
No
No
Yes
15. I.
16. I.
17. M was injured while he was a passenger of Lilian Bus operated by Lilian Bus Company. The
proximate cause of the accident was the failure of the steering knuckle to work causing the
driver to lose control of the wheel as a result of which the buss fell into a ditch.
I. Can the operator of the bus company exempt imself due to fortuitous event?
II. Suppose the proximate cause of the accident was a tire blowout, is that a fortuitous
event?
1st Question
2nd Question
a.
Yes
Yes
b.
Yes
No
c.
No
No
d.
No
Yes
18. In order to satisfy his claim against the debtor, the creditor has the following successive
rights, except:
a. To demand fulfillment of the obligation or specific performance.
b. To attach the properties of the adebtor, except those exempt by law from execution.
c. To exercise all the rights of the debtor including those inherent and personal to him.
d. To ask for the rescission of contracts intended to defraud him.
19. Which of the following is not a primary clasification of obligation according to the Civil Code?
a. Joint and solidary
c. Determinate and indeterminate
b. Unilateral and bilateral
d. Legal and conventional
20. I.
I will give P 50,000 if you will pass the next CPA examination. This condition is:
II.
I will let you use my car until you pass the next CPA examinations. This condition is:
1st - Suspensive
2nd - Resolutory
a.
Yes
Yes
b.
Yes
No
c.
No
No
d.
No
Yes
on punishable by law
ential damages
of the agreement
1st - Contracts without cause are voidable because cause is presumed to exist in a contract.
2nd - Offer must be absolute and acceptance must be certain before can there be meeting of the minds
of parties.
a. First statement is false, while the second is true.
b. Both statements are true.
c. Both statements are false.
d. First statement is true while the second is false.
6.
1st - Contract of lease of a parcel of land for a term of one year, must be written otherwise, unenforceable.
2nd - Contract of sale of a parcel of land must be in public instrument otherwise, unenforceable.
a. First statement is false, while the second is true.
b. Both statements are true.
c. First stateent is true, while the second is false.
d. Both statements are false.
7. A contract wherein both contracting parties are incapable of giving consent and yet ratified by the guardian
of either of the parties is:
a. Rescissible
b. Voidable
c. Unenforceable
d. Void
I will give you a specific car if you will not marry Mary this year 2006. This condition is:
II. I will give you a specific car if you will marry Mary this year 2006. This condition is:
1st - Suspensive
2nd - Resolutory
a.
Yes
Yes
b.
Yes
No
c.
No
No
d.
No
Yes
12. An instance when the court may fix the term or period.
a. When the partiesd specified no term because no term was ever intended, in which case it
is considered a pure obligation.
b. When the duration depends upon the will of the debtor.
c. When the obligation is payable on demand.
d. When law provides specified period.
13. I. M obliged himself to give N a toy or a shoe. The contract giving rise to the obligation did not
mention the right to shoose. On the date of maturity, can N demand from M the delivery of
a toy?
II. M obliged himself to give N a toy or a shoue, or a watch at N's option. On the date of
maturity, can N demand from M the delivery of a watch?
1st - Statement
2nd - Statement
a.
Yes
Yes
b.
Yes
No
c.
d.
No
No
No
Yes
14. B insured his specific ouse to C insurer. The contract stated that if the house is damaged or
destroyed by the peril insured against. C will pay the policy or rebuild it in a sufficient manner.
This obligation is a/an:
a. Pure
b. Indivisible
c. Alternative
d. Joint
15. I.
In alternative obligations, there are different prestations but the debtor shall completely
perform one of them whhile in facultative obligation there is only one prestation but the
debtor may perform another in substitution.
II. In facultative obligation, the right to choose may be given either to the debtor or creditor,
while in alternative obligation the right to choose is given only to the debtor.
a. I True; II false
c. Both are true
b. I False; II True
d. Both are false
16. Pedro and Juan are joint debtors of Carlos, Celio, Celina, and Carlota to the amount of
P100,000. How much can Carlota collect from Pedro?
a. P 12,500.00
b. P 25,000.00
c. P 50,000.00
d. P 100,000.00
17. Pedro and Juan are joint debtors of Carlos, Celio, Celina, and Carlota, solidary creditors, to the
amount of P 100,000. How much can Carlota collect from Pedro?
a. P 12,500.00
b. P 25,000.00
c. P 50,000.00
d. P 100,000.00
18. Pedro and Juan are solidary debtors of Carlos, Celio, and Carlota, solidary creditors. Carlos
demands payment from Pedro, but Juan, upon whom no demand is made paid Carlota the entire
obligation.
I. Is Juan allowed to do so?
II. Is the obligation totally extinguished?
1st - Statement
2nd - Statement
a.
Yes
Yes
b.
Yes
No
c.
No
No
d.
No
Yes
19. Which of the following is not a secondary classification of obligations according to the Civil Code?
a. Joint and solidary
c. Determinate and indeterminate
b. Unilateral and bilateral
d. Legal and conventional
20. Novation is the modification of an obligation by the following, except:
a. Changing the principal object and condition.
b. Substituting the person of the creditor.
c. Subrogating a third person in the rights of the creditor.
d. Subsituting the person of the debtor.
21. Which of the following is not correct?
a. A - cash (ltd); B - cash (Gen.); C - service (Gen.)
b. A - property (ltd.); B - cash (Gen.); C - service (Gen.)
c. A - service (Ltd.); B - cash (Gen,); C - service (Gen,)
d. A - service (Ltd.); B - property (Gen,); C - service (Gen.)
22. A and B orally agreed to form a partnership two years from today, each one to contribute P10,000. At the
arrival of the said, if one refuses to go ahead with the agreement, can the other enforce the agreement?
a. Yes, since the agreement is to be enforced after one year from the making thereof, the same should be in
writing to be enforceable.
b. Yes, because the prior agreement was voluntarily made.
c. Yes, because the contract of partnership is not governed by the Statue of Frauds.
If a partner is insolvent, the first order of preference in the distribution of his assets is:
a. Partnership creditors
b. Partner's contribution to the partnership
c. Separate creditors of the debtor
d. Pro-rata between the separate creditors and the partnership creditors.
24. The following, except one, are common characteristics of partnership and corporation. Which is the exception?
a. The individuals composing both organizations have little voice in the conduct of the business.
b. Both can only act through agents.
c. Both are business organizations composed of a number of individuals.
d. Both have juridical personalities separate and distinct from that of the members composing it.
25. Which of the following is not a requisite prescribed by law in order that the partnerhip may be held liable to a
third party for the acts of one of the partners.
a. The partners bind the partnership by acquiexcence for obligations he may have contracted in good faith.
b. The partners must have the authority to bind te partnership.
c. The contract must be in the name of the partnership or for its own account.
d. The partner must act on behalf of the partnership.
26.
X, Y and Z are partners in Ace & Co. W represented himself as a partner in the said partnership to A, who
on the faith of such representation, granted P1M loan to the partnership. Assuming only X and Y consented
to such representation, who shall be liable to A.
a. Since the partnership benefited from the credit extended by A, all partners X, Y and Z are liable.
b. Only X, Y and W are partners by estoppel and are liable pro rata.
c. Since the loan was extended to the partnership, all the partners and W are liable.
d. Only W who made the representation shall be liable.
27.
A, B and C are general partners in a merchandising firm. Having contributed equal amounts to the capital,
they also agreed on equal distribution of whatever profit is realized per fiscal period. After two years of
operation however, C conveys her whole interest in the partnership to D, without the knowledge and consent
of A and B. Is the partnership dissolved?
a. The partnership is not dissolved because the conveyance of a partner's interest in the partnership does not
of itself dissolve the partnership.
b. The partnership is not dissolved because the assignment made by C of his whole interest was without the
knowledge and consent of A and B.
c. The partnership was dissolved because the assignee D automatically becomes a new partner and strictly
speaking there is a new entity.
d. It is dissolved because A has ceased to be a partner because of the assignment of his whole interest to D.
28.
A, B and C are general partners in a merchandising firm. Having contributed equal amounts to the capital,
they also agreed on equal distribution of whatever profit is realized per fiscal period. After two years of
operation however, C conveys her whole interest in the partnership to D, without the knowledge and consent
of A and B.
a. D can participate in the management of the partnership.
b. D cannot inspect the books nor copy them for any information on the partnership affairs as a partner can.
c. C has ceased to have the rights to use the partnership property.
d. C canot take part in the control of the business anymore.
29.
A, B and C are general partners in a merchandising firm. Having contributed equal amounts to the capital,
they also agreed on equal distribution of whatever profit is realized per fiscal period. After two years of
operation however, C conveys her whole interest in the partnership to D, without the knowledge and consent
of A and B.
a. If A and B want ot dissolve the partnership, C as a partner need not consent thereto because he had
assigned his interest to D.
b. D may himself ask the court for its dissolution being the assignee of C's interest in the partnership.
c. A, B and D may dissolve the partnership even without the consent of C.
d. A, B and C cannot dissolve the partnership without the consent of D.
30. Spouses A and B formed a limited partnership to engage in real estate business and A contributed P1M only.
Is the partnership between the spouses valid?
a. The partnership is not valid because spouses cannot enter into a limited partnership.
b. The partnership is valid because spouses can enter into a partnership, limited or general, universal or
particular.
c. The partnership is not valid because spouses cannot enter into any kind of partnership for business except
conjugal partnership.
d. The partnership is valid because spouses are prohibited to enter into a universal partnership only.
P 100,000.00
P 100,000.00
c. Certified check
d. Traveler's check
c. Domestic bill
d. Bill of lading
Case 1:
Angel buys a diamond ring for P 50,000 for which he issued a check. Later Angel found out the
diamond to be an ordinary glass.
Case 2:
Ben obtains the signature of Cris for autograph purposes. Ben writes a promissory note above
Cris signature and indorses the note to Dan, a holder in due course.
a. Real defense in Case 1, personal defense in Case 2
b. Personal defense in case 1, real defense in case 2.
c. Real defense in both cases.
d. Personal defenses in both cases.
7.
Maturity of an undated negotiable instrument issued payable 30 days after sight is computed from:
a. Date of indorsement
c. Date of first presentation for acceptance
b. Date of last indorsement
d. Date of first presentation for acceptance
partners, W and X were appointed managing partners, without specification of their duties and powers. A
applied as secretary and B applied as accountant of the partnership. The hiring of B was decided upon by W
and Z but was opposed by X and Y, whose decision shall prevail?
a. The decision of W and Z because W is the managing partner and the hiring is an act of administration.
b. The decision of X and Y bercause in case of tie in the decision of managing partners, that of the controlling
interest shall prevail.
c. That of W and Z because Z is also a capitalist partner.
d. None of the decision because of the statement of equal rights.
14. If a partner is insolvent, the first in the order of preference is:
a. Partnership creditors
b. Partner's coantribution to the partnership
c. Separate creditors of the partner
d. Pro rata between the separate creditors and the partnership creditors.
15. A, B and C are partners in a partnership. A and B contributed P 10,000 each while C contributed is service.
after payment of the partnership liabilities to creditors, only P6,000 remains. In the absence of stipulation to the
contrary, the share of C shall be:
a. Equal to the share of A.
c. P 2,000.00
b. Equal to the share of B.
d. Nothing
16. X, Y and Z are partners who contributed equally to the capital of the partnership. A owes the partnership
P 9,000. Z collected from A P 3,000 before X and Y could receive anything from A, who later became
insolvent and therefore they could not collect their shares.
a. Partner Z shall share the P 3,000 with his co-partners X and Y.
b. Z cannot be required to share what he already received from A.
c. X and should first exhaust all remedies to collect from A.
d. X and Y can automatically deduct from the capital contribution of Z in the partnership their
17. A and B are partners in real estate business. The partnership owns a parcel of land which C desires to buy.
C contacted A and informed him of his intention to buy the said land. A did not tell B such intention of C. A
bought B out of the partnership and afterwards sold the land to C at a profit.
a. The partnership was dissolved when A became the sole owner.
b. The sale is void because it was without the knowledge of B.
c. A is not liable to B for his share of the profits.
d. A is liable to B for his share in the profit.
18. A, B and C are partners in ABC Company. D represented himself as a partner in the partnership to E who,
on the belief of such representation, extended credit of P50,000 to the partnership. Assuming only B and C
consented to such representation, who shall be liable to E?
a. All of A, B, C and D are liable because of partnership liability for the credit extended to the partnership by E.
b. B, C and D are partners by extoppel and thus, are liable to E.
c. Partners A, B and C are liable to E for the benefit extended to them.
d. Only D who made the representation is liable to E.
19. May contribute money, property or industry to a comon fund:
a. Limited partner
b. General partner
20. One of the following incidents is a cause for involuntary dissolution of the partnership:
a. Termination of the definite terms of partnership.
b. Insolvency of the partner.
c. Express will of partner in a partnership at will
d. Expulsion of a partner for cause as stated in the articles of partnership
21. Which of the following constitutes an offer?
a. Business advertisements of things for sale.
b. Advertisements for bidders.
c. An offer made through an agent.
d. Before acceptance is conveyed, either of the parties dies, civilly intaerdicted, becomes insane or insolvent.
22. 1st - There is acceptance of the offer only after it has come to the knowledge of the offerer.
2nd - Lesion or inadequacy of cause shall as a rule make a contract defective.
23. 1st - if the cause is not stated in the contract it is presumed that it does not exist and therefore the contract
is void.
2nd - In order that a contract may be voidable, there must be damage.
a. Both statements are false.
c. First statements is false; second is true.
b. Both statements are true.
d. First statements is true; second is false.
24. The action to annul a voidable contract is extinguished by:
a. Novation
b. Ratification
c. Rescission
d. Estopper
d. Unenforceable
econd is true.
ulation to the
nership by E.
nd general partner
nd industrial partner
Unenforceable