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Obligation and Contracts MCQ (11-20)

11. Delay in the giving or delivering of a thing


a. Mora
solvendi ex reb. Mora solvendi ex personac. Mora accipiende ex red. Mora accipiende ex
persona
ANSWER: A
12. Which of the following statements is false?
a. Obligations to give definite things and those that are not susceptible of partial
performance shall be deemed divisible.b. Execution of a certain number of days of work
shall be divisible.c. Accomplishment of work by metrical units are divisibled. An obligation
to pay a certain amount in ten annual installments is divisible.
ANSWER: A
13.
This contract is without effect unless ratified:
a. Marriage between first degree cousinsb. Contract of sale between two insane personsc.
Contract of sale between husband and wifed. Donation between husband and wife
ANSWER: B
14. Which of the following contracts is not void ab initio?
a. Those whose object is outside the commerce of menb. That whose object did not exist at
the time of transactionc. That which contemplates an impossible serviced. That which is
undertaken in fraud of creditors
ANSWER: D
15.
Rescission of contract can take place in this case
a. When the thing which is the object of the contract is legally in the possession of a third
person who acted in bad faithb. When he who demands rescission can return whatever he
may be obliged to restorec. When the party seeking resolution can perform only as to part
and as to remainderd. When the seller cannot return the installments paid to him by the
buyer
ANSWER: B
16. A defective contract where damage or lesion is essential
a. Rescissibleb. Voidablec. Unenforceabled. Void
ANSWER: A
17.
An instrument may be reformed d

a. Simple donations inter vivos wherein no condition is imposedb. Willsc. When the
instrument does not express the true intention of the parties due to mistaked. When the
real agreement is void
ANSWER: C
18.
Three of the following contracts are void. Which one is not?
a. Oral contract of partnership of three partners and capital contribution is more than
P3,000 in cashb. Written contract contemplating impossible servicesc. Oral contract of
partnership where real estate is contributed as capitald. Agent's authority to sell land is
given orally.
ANSWER: A
19.
When a third person assumes the payment of the obligation even without the
knowledge and consent of thedebtor but with the consent of the creditor
a. There is novationb. There is delegation if debtor is releasedc. There is subrogationd.
There is expromission if debtor is released
ANSWER: D
20.
Which of the following is not an element of legal compensation?
a. Debts to be compensated are due and demandableb. There is controversy or adverse
claim over any debts to be compensatedc. There are two or more debts of the same kindd.
There are two or more persons who are creditor or debtors of each other.
ANSWER: B
Obligations & Contracts MCQ (1-10)
1. When the debtor binds himself to pay when his means permit him to do so,
the obligation is:
a. Conditionalb. Purec. Simpled. With a Period
ANSWER: D
2. Contracts which cannot be sued upon unless ratified, thus it is as if they
have no effect yet are:
a. Voidableb. Rescissiblec. Voidd. Unenforceable

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