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Law on Obligation and Contract Reviewer
Typology: Quizzes
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en pago: I. The debtor is insolvent. II. Ownership of the thing/s is transferred to the creditor/s. III. Plurality of creditors is required. IV. Obligations are totally extinguished as a rule. Which of the following is correct?statements II and IV pertain to dacion en pago
power of attorney (SPA) to sell the same. When A was ready to pay as scheduled, B called, directing A to pay directly to him. On learning of this, C, B’s agent, told A to pay through him as his SPA provided and to protect his commission. Faced with two claimants, A consigned the payment in court. B protested, contending that the consignation is ineffective since no tender of payment was made to him. Is he correct? no, since consignation without tender of payment is allowed in the face of conflicting claims on the plaintiff.
several bags of “Yummy” candy worth P1,000.00 from D, an authorized dealer of the product. C tendered her payment to D consisting of 200 pieces of P5.00 coins. In this case: D cannot refuse to accept the payment because what C was offering as payment is legal tender
controversy or adverse claim over any debts to be compensated.
payment
subrogation of a third person in the place of the creditor
Quiz 4
knowledge of the debtor, pays the debt
tenable? no, as in tort actions, the proper defense is due diligence in the selection and supervision of the employee by the employer.
paid later only P200,000. Assuming that B is insolvent: A can recover reimbursement from C amounting to P50,000.
On due date, D was able to pay C the borrowed amount. How much should D pay C P100,000 only
and lot. Said obligation is due December 15, 2018. On July 20, 2017, the house was hit by a lightning and was destroyed. In this case C can validly demand payment from D on July 20, 2017 unless D gives another collateral equally satisfactory.
violated or invaded by the defendant, may be vindicated or recognized: nominal damages
cases, except when he does not furnish any guaranty or security to the creditor
debtors in the one and the same obligation, the obligation is Either Joint or Solidary
creditors is entitled to demand entire compliance with the prestation from any of the debtors Solidary obligation
to the amount of P2,000.00. If Cathy waives the whole obligation in favor of Alex, what is the legal consequence? The obligation is extinguished without prejudice to Debbie collecting her share from Cathy while Alex has no right to collect from Bob.
Debbie extends for one year Bob’s obligation to pay his portion of the obligation, choose the legal effect of the extensions Alex and Bob should only pay half of the obligation
obligors?It is converted to indemnity for damages
without affecting or destroying its essence or substance Indivisible
except A solidary creditor can assign his rights without the consent of the others
remission made by any of the solidary creditors of with any of the solidary debtors, except In case of remission, the co-debtor can recover anything from the other debtor
are correct, except When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such shall be borne alone by paying debtor and the other co-debtors shall not share in the loss
are correct, except Divisibility or indivisibility of the obligation refers to the object or thing and not to the performance of the obligation
period is presumed to have been established? Both creditor and debtor
which of the following statements is incorrect? The term is for the benefit of the debtor
which of the following statements is incorrect? If it is for the benefit of the debtor only, he cannot pay validly at any time before the period expires
must be expressly provided by the Civil Code or special laws in order to be demandable law or ex lege
between the contracting parties and should be complied with in good faith: contract;
or negligence and there being no pre-existing contractual relations between the parties: quasi-delict
creditors is entitled to demand entire compliance with prestation from any of the debtors: solidary obligation
without affecting or destroying its essence or substance: indivisible
100.Which is not considered as quasi contract? when the third person with the knowledge of the debtor pays the debt
101.An obligation of spouses to render mutual support arises from: law
102.Generally, tender of payment alone without consignation cannot
discharge the obligation, however, in which of the following instances that consignation alone extinguishes an obligation? All
103.The standard of diligence required in an obligation to give
something:diligence of a good father of a family
104.The debtor shall lose the right to make use of the period in the following
cases, except when he becomes insolvent and gives guaranty or security for the debt 105.an event that is both future and uncertain upon which the existence or
extinguishment of an obligation is made to depend condition
106.A owes B P100,000. With consent of both, C pays B P50,000. Now B and
C are the creditors of A to the amount of P50,000 each. Suppose A has only P50,000. Which is correct?B should be preferred 107.Quasi-delicts, as distinguished from crimes include all acts in which any kind of fault or negligence intervenes
108.The concept of obligation, in its passive aspect or as defined by the Civil
code in Article 1156, is correlative (reciprocally related or corresponding) to the concept ofright
109.Delay or default on the part of the obligor is known as mora solvendi
110.Effect of fulfillment of a resolutory condition in an obligation to give: return to status quo before the constitution of obligation 111.In case of material damage or injury, the liability of a convicted person
includes all of the above.
112.If a creditor’s right of action to collect based on a written contract has
prescribed after 10 years from the time the action has accrued, the civil obligation of the debtor is converted into natural obligation 113.Mario binds himself to give a car to his sister if she becomes a certified
public accountant before year 2015, the obligation is subject to positive condition 114.A, B and C solidarily owe X P300,000. X remitted C’s share. A, therefore,
paid later only P200,000. Assuming that B is insolvent A can recover reimbursement from C amounting to P50,
115.The following are requisites of application of payments, except the debtor must be insolvent
116.A source of obligation where it is not the act or omission which gives rise to the obligation, but the want of care required from the circumstances quasi-delict 117.The definition of obligation emphasizes the obligation of the obligor or
debtor and implies the correlative right of the obligee or creditor to demand the performance of the act or conduct
118.Obligations arising from the same cause where each party is a debtor
and a creditor of the other reciprocal
119.A period or term, as distinguished from a condition always refers to the future and is sure to happen or arrive 120.What is the effect of breach of joint indivisible obligation by one of the
obligors? it is converted to indemnity for damages
121.If the debtor promises to pay a previous loan of P10,000.00 to the
creditor on or before November 2017 provided that he (debtor) is in Manila, the obligation is: subject to potestative condition and valid 122.All rights acquired by virtue of an obligation are transmissible, what is the
exception? All
123.On December 25, 2018, C, the owner of a sarisari store, purchased
several bags of “Yummy” candy worth P1,000.00 from D, an authorized dealer of the product. C tendered her payment to D consisting of 1000 pieces of P0.25 coins. In this case: the tender made by C was invalid because the tendered amount is not legal automatically extinguished
124.The following are primary classes of obligations, except real and personal 125.Which of the following is not a ground for the extinguishment of an
obligation? death of creditor
126.This is adjudicated in order that the right of the plaintiff which has been
violated or invaded by the defendant may be vindicated or recognize nominal damages
149.As a general rule, every person criminally liable for a felony is: also civilly liable
deliver 100 sacks of rice to C on May 31, 2018. On May 28, 2018, C demanded the delivery of 100 sacks of rice from D but D did not comply. The following day, a fire of undetermined origin destroyed D’s warehouse together with about 500 sacks of rice stored therein and from which D intended to get 100 sacks of rice for delivery to C D’s obligation to deliver 100 sacks of rice to C is not extinguished because he can get 100 sacks of rice from other source 151.A definition of an obligation all of the abov
152.The following are essential elements of a valid object or prestation,
except none of the above
153.A creditor’s right to the fruits of the object from the time the obligation to deliver arises: personal right or jus in personam
154.An obligation with period or term, as distinguished from a conditional
obligation refers to an interval of time which is future and certain;
155.A source of obligation, which is a legal fiction of legal relation resulting
from lawful, unilateral and voluntary act where there is no existing contract: quasi-contract;
156.A owed B P1 million due on October 1, 2018 but failed to pay her on due
date. B sent a demand letter to A giving her 5 days from receipt within which to pay. Two days after receipt of the letter, A personally offered to pay B in manager’s check but the latter refused to accept the same. The 5 days lapsed. May A’s obligation be considered extinguished? no, since tender of payment even in cash, if refused, will not discharge obligation without proper consignation in court 157.A, B and C are jointly and severally liable to D amounting to P900,000. D
allows C an extension of two years within which to pay his portion of the indebtedness. In this case: D can compel A or B or C to pay him P600,
158.It is an extra-contractual obligation where an officious manager voluntarily takes over an abandoned or neglected property or business without authority of the owner negotiorum gestio
159.Payment by third person is presumed for the benefit of the creditor in the
following cases, except determination
160.An instance where the debtor shall lose every right to make use of the period all of the above
161.D owes C P150,000 payable on January 5, 2018. To fulfill the obligation,
D with the consent of C, delivers his only car on January 4, 2018 worth 140,000 at around 8:00pm to C’s residence. C accepted the car but the same was destroyed by lightning after one hour upon delivery. In this case: D still owes C the amount of P10,
162.Which of the following is not an element of Compensation? there is controversy or adverse claim over any debts to be compensated 163.When will loss of the thing due extinguish an obligation? in obligations to deliver determinate things, the debtor is without fault before he has incurred delay
164.In alternative obligations, what is the remedy of the debtor if through the
fault of the creditor he (debtor) cannot make a choice according to the terms of the obligation? the debtor may rescind the contract with damages;