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Pamantasan NG Lungsod NG Pasig Obligations and Contracts Mid-Term Exams Bsba-3C

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Pamantasan ng Lungsod ng Pasig

Obligations and Contracts


Mid-Term Exams
BSBA-3C

Name: MENESES, Job Alexis C.

Multiple choice.
Choose the best answer by marking the appropriate box.
2 points each.

1. Which one is not a vice of consent?

A. Exaggeration in advertisements.
B. Threats to dismiss from employment.
C. Rank in office.
D. Use of force.

2. Which contract must be in a notarized document to bind third


persons?

A. Donation.
B. Sale of real property.
C. Chattel mortgage.
D. Lease.

3. Choose the false statement.

A. Notarization converts the document to private.


B. Notarization imbues a document with the presumption
of regularity.
C. The document becomes proof of its contents, until the
contrary is proven.
D. The document becomes binding on other persons
even if not parties to the contract.

4. Choose the correct statement.

A. A void contract can be ratified by the parties.


B. An unenforceable contract can be ratified.
C. Voidable contracts are not susceptible of ratification.
D. Rescissible contracts are based on vices of consent.
5. Which of the following cannot be ratified?

A. A contract where both parties are incapable of giving


consent.
B. A contract that was entered into as a result of
uncontrollable fear of violence.
C. A contract where the parties did not intend to be
bound thereby.
D. A contract that does not reflect the parties’ true
intention.

6. Which of the following contracts is not always void ab initio?

A. Sale of firearms.
B. Sale of illegal drugs.
C. Lease of the moon.
D. Contract that is subject of accion pauliana.

7. Choose the false statement.

A. Laches cannot be applied if prescription has not yet


set in.
B. Estoppel does not set in if the inaction was due to
ignorance of the circumstances.
C. A lessee can question the title of the owner.
D. Partial performance of a natural obligation will not
always convert it into a demandable right.

8. All of these convert a natural obligation into a civil obligation except


one.

A. Novation.
B. Ratification.
C. Off-setting.
D. Confirmation.

9. All of the following are res communes except one.

A. Sunlight.
B. Air.
C. Precious metals.
D. Wild animals.
10. Which is not a characteristic of a void contract?

A. Cannot be ratified.
B. Can be questioned by a third person.
C. The action to raise nullity prescribes in 10 years.
D. May have legal effects.

11. Which is not a characteristic of a voidable contract?

A. Valid until demand.


B. Performance can be demanded even before
ratification.
C. Must always be based on breach or damage.
D. Prescription period depends on the ground for being
voidable.

12. What is the principal source of the parties’ obligations in a contract?

A. Provisions of the Civil Code.


B. Honesty and fair play.
C. Terms of their agreement.
D. Conscience and common sense.

13. There can be a contract without an obligation. This statement is:

A. Always true.
B. Always false.
C. Sometimes true.
D. Sometimes false.

14. Partial performance always cures the defect of all types of defective
contracts. Choose the most compatible statement.

A. Always true.
B. Always false.
C. It depends if performance is partial or total.
D. It depends on the intention of the parties.

15. Terms in a contract of adhesion are interpreted in this manner except


one.

A. Any doubt will be interpreted pursuant to the parties’


intentions
B. If the provisions are clear, apply them literally.
C. Interpret the contract as a whole.
D. Interpret words according to the intention and
understanding of the parties.
16. Reformation of instruments is available in ONLY ONE of these
contracts:

A. A & B agreed on a contract of sale, but the contract


appears to be a loan.
B. A & B executed a contract of sale but the price in the
contract is lower to reduce tax liability.
C. A & B executed a contract of loan so that A can pay
for a different obligation.
D. A & B entered into a contract of sale but there was no
transfer of ownership and possession after the sale.

17. Which one is not an example of unenforceable contract?

A. A contract entered into by a minor with another minor.


B. A contract entered into by an agent without or in
excess of his authority.
C. A contract of lease for a period of six months that will
start only 1 year after execution.
D. A contract entered into by a minor who pretended and
appeared that he is of legal age.

18. Which one is not a requisite of a valid consent?

A. The concurrence of the offer and acceptance.


B. Parties must have the capacity to contract.
C. It must be intelligent and real.
D. Parties must have the capacity to perform the
contract.

19. Which one is not a requisite of a valid offer?

A. Definite.
B. Intentional.
C. Complete.
D. In writing.

20. An auto-contract is valid when: (choose the proper statement)

A. It is entered into freely and knowingly.


B. It is not contrary to law, morals, public order and
public policy.
C. It is entered into by one person in different capacities.
D. It is in writing.
21. Which one of the following principles is not applicable to rescissible
contracts?

A. There is no lesion if the sale is approved by the court.


B. Consent must be free and intelligent.
C. Rescission is based on damage.
D. The object of the contract is outside the commerce of
man.

22. All are elements of a contract except one.

A. Essential elements.
B. Natural elements.
C. Accidental elements.
D. Legal elements.

23. There can be a contract without an obligation. This statement is:

A. Always true.

C. It depends on the source of the obligation.


D. It depends on the intention of the parties.

24. There is a valid acceptance in all these scenarios except one.

A. Acceptance via text message.


B. Acceptance with a counter-offer.
C. Acceptance by accepting benefits.
D. Acceptance through an agent.

25. All are incapacitated to give consent except one.

A. A child star who has the IQ of 25 year old.


B. Sisa, who is sometimes sane, sometimes crazy.
C. A blind and deaf lawyer.
D. A convicted criminal who is serving his sentence.

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