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    ATLAS Questionnaire Obligations and Contracts F1

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    Francis Asis
    This document outlines key concepts in contract law, including: 1. The essential elements of a contract are consent, cause, and subject. 2. An element without which there cannot be a contract is an essential element. 3. A qualified acceptance constitutes a counteroffer rather than an absolute acceptance or meeting of the minds. It also provides examples testing understanding of concepts like types of payments, validity of contracts, rescission, and obligations.

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    ATLAS Questionnaire Obligations and Contracts F1

    Uploaded by

    Francis Asis
    19 views6 pages
    This document outlines key concepts in contract law, including: 1. The essential elements of a contract are consent, cause, and subject. 2. An element without which there cannot be a contract is an essential element. 3. A qualified acceptance constitutes a counteroffer rather than an absolute acceptance or meeting of the minds. It also provides examples testing understanding of concepts like types of payments, validity of contracts, rescission, and obligations.

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    ATLAS-Questionnaire-Obligations-and-Contracts-F1

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    This document outlines key concepts in contract law, including: 1. The essential elements of a contract are consent, cause, and subject. 2. An element without which there cannot be a contract is an essential element. 3. A qualified acceptance constitutes a counteroffer rather than an absolute acceptance or meeting of the minds. It also provides examples testing understanding of concepts like types of payments, validity of contracts, rescission, and obligations.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    19 views6 pages

    ATLAS Questionnaire Obligations and Contracts F1

    Uploaded by

    Francis Asis
    This document outlines key concepts in contract law, including: 1. The essential elements of a contract are consent, cause, and subject. 2. An element without which there cannot be a contract is an essential element. 3. A qualified acceptance constitutes a counteroffer rather than an absolute acceptance or meeting of the minds. It also provides examples testing understanding of concepts like types of payments, validity of contracts, rescission, and obligations.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6

    LAW ON OBLIGATIONS AND CONTRACTS

    1. Essential requisites of a contract:


    a. Consent
    b. Cause
    c. Subject
    d. All of them.

    2. The element which there cannot be a contract is:


    a. Natural element
    b. Accidental element
    c. Essential element
    d. All of the above

    3. A qualified acceptance constitutes:


    a. Counteroffer
    b. An absolute acceptance
    c. A meeting of minds between the parties
    d. All of the above

    4. Debtor’s fault in real obligation is called


    a. Mora accipiendi
    b. Mora solvendi ex-re
    c. Mora solvendi ex-persona
    d. Compensation-morae

    5. In order that condonation may extinguish an obligation involving a movable property whose
    value exceeds P5,000.00
    a. It is sufficient that the condonation and the acceptance are in writing, even a
    private one.
    b. It is required that the condonation and the acceptance must be in a public
    instrument.
    c. The delivery of the document evidencing the debt is sufficient since the property
    is movable.
    d. The condonation and the acceptance may be made orally.

    6. S1: When one of the parties has brought an action to enforce the contract, he cannot
    subsequently ask for its reformation.
    S2: The injured party may seek rescission even after he has chosen the fulfillment of the
    obligation if the latter should become impossible.
    a. True; true
    b. true;false
    c. false;false
    d. false;true
    7. The following are elements of an obligation, except
    a. Active and passive subjects
    b. Efficient cause
    c. Prescription
    d. Vinculum

    8. The following are kinds of Special Payments, EXCEPT:


    a. Dacion en pago
    b. Tender of payment and consignation
    c. Payment by cession
    d. Confusion or merger

    9. S1: Consignation without tender of payment is sufficient if two or more persons claim the
    same right to collect.
    S2: When the debt of a thing certain proceeds from a criminal offense, the debtor shall be
    exempted from the payment of the price of the thing is lost through a fortuitous event.
    a. Both statements are true.
    b. Both statements are false.
    c. S1 is true; S2 is false.
    d. S1 is false; S2 is true.

    10. One of the following contracts is not vitiated by intimidation or violence and hence, valid.
    Which is it?
    a. A contract of sale was signed by a party because his arm was being twisted by a
    third person.
    b. A contract of sale was entered into because the other party was pointing a gun at
    his wife.
    c. A contract where a party was compelled to assign his property to the other to pay
    a just debt because the latter threatened to sue him in court if he does not pay his
    debt.
    d. A contract of donation of a parcel of land which a party signed because the other
    party threatened to burn his house.

    11. Which of the following contracts is valid?


    a. Oral contract of agency giving authority to an agent to sell the land of the
    principal.
    b. Oral partnership agreement where immovables are contributed.
    c. Oral agreement to answer all the expenses for the wedding reception if A marries
    B.
    d. Oral contract of sale of an immovable entered into by an agent who was given
    oral authority by the principal.
    12. A solemn or formal contract has the following essential elements:
    a. Consent of the contracting parties, object certain and cause or consideration.
    b. Consent of the contracting parties, object certain, cause or consideration and
    delivery of the object.
    c. Consent of the contracting parties, object certain, cause or consideration, and
    formalities required by law.
    d. Consent of the contracting parties, object certain, delivery of the object, and
    formalities required by law.

    13. It is the manifestation of the meeting of the offer and the acceptance upon the thing which
    are to constitute the contract
    a. Consideration
    b. Contract
    c. Consent
    d. Cause

    14. Which of the following contract is rescissible?


    a. Those where one of the parties is incapable of giving consent to a contract.
    b. Those which are entered into by guardians whenever the wards whom they
    represent suffer a lesion of more than ¼ of the value of the object of the contract.
    c. Those where both parties are incapable of giving consent to a contract.
    d. Those which are absolutely simulated or fictitious.

    15. S1: A contract as a general rule must be written to have force and effect as a valid agreement.
    S2: A formal or solemn contract is one that must be in writing to be valid.
    a. True; True
    b. True; False
    c. False; False
    d. False; True

    16. If the obligation of the debtor is “I will pay you my debt after I have arrived from abroad.” The
    obligation is
    a. Valid
    b. Voidable
    c. Void
    d. Unenforceable

    17. Lession means


    a. Damages
    b. Loss
    c. Consideration
    d. None of the Above
    18. A sale that will involve a specific vehicle worth 300,000 Pesos must be in writing for its:
    a. Validity
    b. Enforceability
    c. Convenience
    d. All of the Above

    19. If the defendant sold the object of litigation without court approval or knowledge of the
    plaintiff. The said sale is?
    a. Voidable
    b. Void
    c. Rescissible
    d. Valid
    e. Unenforceable

    20.S1: Contract to Deposit is a consensual contract


    S2: Consensual Contracts are not perfected until the delivery of the object of the obligation
    a. ALL TRUE
    b. ALL FALSE
    c. TRUE, FALSE
    d. FALSE, TRUE

    21. Those contracts are already prepared by one of the parties and what the other party has to
    do is sign it if he is amenable to it or refuses to sign if he is not amenable.
    a. Lucrative
    b. Renumeratory
    c. Real
    d. Contract of Adhesion

    22. Nayeon went to a restaurant and took his lunch. When he paid his bills, he parted away the
    amount of 60 pesos as a tip for the good food he had. What contract exists in this case with
    respect to the tip Nayeon gave?
    a. Onerous
    b. Aleatory
    c. Renumeratory
    d. Pure

    23. A last will and testament are being put into writing for its?
    a. Validity
    b. Enforceability
    c. Convenience
    d. None of the Above
    24. Simulation of contract may absolute or relative. In the case of an ABSOLUTE simulated
    contract, the contract is?
    a. Void
    b. Valid
    c. Voidable
    d. Rescissibile

    25. A Minor is a person


    a. Below 18 years old
    b. 18 years old and below
    c. 18 years old and above
    d. Not year married

    26. Voidable contracts are


    a. Invalid contracts
    b. Valid until annulled
    c. Contracts with consent
    d. Invalid until enforced

    27. These are types of contracts that are RESCISSIBLE, Except:


    a. Contracts entered into on behalf of wards
    b. Contracts that are undertaken in fraud of creditors
    c. Contracts entered into by people who are 18 years old
    d. Contracts which refer to a thing under litigation

    28. Which of the following contracts are enforceable?


    a. Contracts without authority
    b. Contracts with excess authority
    c. Contracts with authority
    d. All of the Above

    29. S1: Exaggerations made in trade/advertisements are considered to be fraudulent


    S2: Mere expression of opinion does not signify fraud UNLESS it is made by experts or
    another party that is relied on.
    a. BOTH TRUE
    b. BOTH FALSE
    c. TRUE, FALSE
    d. FALSE, TRUE
    30. S1: There is intimidation when one of the contracting parties is compelled by a reasonable
    and well-grounded fear of an imminent and grave evil upon him.
    S2: Intimidation exists when there is a threat to enforce authority
    S3: Intimidation is also known as moral coercion
    a. ALL ARE TRUE
    b. ALL ARE FALSE
    c. FALSE TRUE FALSE
    d. TRUE FALSE TRUE
    e. NONE OF THE ABOVE

    ANSWER KEY:

    1. D 11. C 21. D
    2. C 12. C 22. C
    3. A 13. C 23. A
    4. B 14. B 24. A
    5. A 15. D 25. A
    6. A 16. C 26. B
    7. C 17. A 27. C
    8. D 18. B 28. C
    9. C 19. C 29. D
    10. C 20. C 30. E

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