Tiêu đề RFBT Self Study Part 2.pdf ✅

OBLIGATIONS AND CONTRACTS 1. A promise to buy and sell a determinate thing for a price certain is: A. Reciprocally demandable B. Legally demandable C. Unilaterally demandable D. All of the choices 2. What cannot be demanded at once? A. Obligations subject to a resolutory period. B. Deliverable subject to a resolutory condition. C. Obligations subject to no condition. D. Agreements subject to a suspensive period. 3. A, a minor, 16 years of age, together with his brothers B and C, both of legal age are jointly and severally liable in a contract of loan to pay X the amount of P120,000. Upon maturity of the obligation, A: A. is liable to pay only the amount which benefits him. B. is liable to pay the amount of P60,000. C. is liable to pay the amount of P30,000. D. is liable to pay him the whole amount of P120,000. 4. Which of the following situations is the BEST example of executory consideration? A. Anton promises to pay Manny P50 tomorrow, in return, for Manny giving Anton, an orange tomorrow B. Anton promises to pay Manny P50 tomorrow, in return, for Manny giving Anton, an orange yesterday C. Anton pays Manny P50 today, in return, for Manny giving Anton an orange today. D. All of the choices. 5. Under the law, anything paid or delivered before the arrival of the suspensive period the obligor being unaware of the period, may be recovered with the fruits and interest. Which is the EXCEPTION? A. The period is for the benefit of the creditor and debtor. B. The obligor delivered before the period. C. The obligor is not aware of the period. D. The obligation involved is an obligation to do and not to do. 6. Which of the following statement is the BEST description of a "condition"? A. A term in a contract which provides that the contract will terminate on the happening of a particular event. B. A term in a contract, the consequences of breach of which cannot be determined until after the breach has occurred and the seriousness of the effects of the breach can be ascertained. C. A term which must be satisfied before a contract can come into existence D. A term in a contract, non-performance of which may result in rescission of the contract and/or damage to the plaintiff. 7. Mr. A was appointed by the court as guardian of the minor; X. Mr. A sold the vegetables that were planted in the lot of X. The value of the vegetables is P5,000 but Mr. A sold the vegetables for only P2,000. The contract is A. Unenforceable B. Void C. Voidable D. Rescissible 8. Where before making the contract of sale, the goods had perished without the knowledge of the seller, the contract of sale is void if the contract is for the sale of A. unascertained goods B. contingent goods C. future goods D. specific goods 9. A agreed to sell B all the bales of long staple Philippine cotton lying in his bodega. Unknown to both the parties, the cotton had already destroyed in an accidental fire. In this case, the contract of sale is ______. A. Voidable, at the option of the seller. B. Voidable, at the option of the buyer. C. Not void, as the contract of sale is for unascertained goods D. Void, as the contract of sale is for specific goods. 10. Which of the following statement is the BEST description of a “condition”? a. A term in a contract which provides that the contract will terminate on the happening of a particular event. b. A term in a contract, the consequences of breach of which cannot be determined until after the breach has occurred and the seriousness of the effects of the breach can be ascertained. c. A term which must be satisfied before a contract can come into existence. d. A term in a contract, non- performance of which may result in rescission of the contract and/or damage to the plaintiff. 11. Demand is necessary in this situation for the debtor to be in delay:
a. when the time is a controlling motive b. when the obligor has rendered it beyond his power to perform. c. when the obligation has been fulfilled. d. when the debtor delivers a wrong thing on the due date. 12. A promise to buy and sell a determinate thing for a price certain is a. Reciprocally demandable b. Legally demandable c. Unilaterally demandable d. All of the above 13. What cannot be demanded at once a. Obligations subject to a resolutory period b. Deliverable subject to a resolutory condition c. Obligations subject to no condition d. Agreements subject to a suspensive period 14. Mr. A was appointed by the court as guardian of minor, X. Mr. A sold the vegetables that were planted in the lot of X. The value of the vegetable is P5,000 but Mr. A sold the vegetables for only P2,000. The contract is a. Unenforceable b. Void c. Voidable d. Rescissible 15. A, a minor, 16 years of age, together with his brothers B and C, both of legal age are jointly and severally liable in a contract of loan to pay X the amount of P120,000. Upon maturity of the obligation A: a. Is liable to pay only the amount of which benefits him b. Is liable to pay the amount of P60,000 c. Is liable to pay the amount of P30,000 d. Is liable to pay him the whole amount of P120,000 16. For a contract to exist, the agreement that was negotiated between the parties must a. Contain a promise which is exchanged for something of value b. Contain a commitment in undertaking to abide by the agreement c. Clearly evidence the promise between the promissor and the promissee d. All of the choices 17. Under the law, anything paid or delivered before the arrival of the suspensive period the obligor being unaware of the period, may be recovered with the fruits and interests. Which is the exception? a. The period is for the benefit of the creditor and debtor b. The obligor delivered before the period c. The obligor is not aware of the period d. The obligation involved is an obligation to do and not to do. 18. A and B contracted that A will sell to B his property whenever A desires. What is the status of the contract? a. Rescissible b. Voidable c. Unenforceable d. Void NOTE: If the fulfillment of a contract depends exclusively on the will of one party, the contract is void for lack of consent (since no real meeting of the minds occurred). If it depends on chance (casual condition) or both parties (mixed condition), it may be valid. 19. “A, the parent of B (minor), said that if B will not drink or smoke until he reach the age of majority, A will give him a specific car”. B complied with the suspensive condition and reached the age of majority. Afterwards, A refused to deliver the specific car to B because B’s not drinking and smoking gave him good health and improved his finances. What is the status of the contract? a. Perfectly valid b. Voidable c. Unenforceable d. Void 20. D’s obligation to C provides that it is payable when his means permits him to do so. What is the legal remedy available to? a. Ask for declaration of nullity of obligation b. Civil case to collect a sum of money c. Demand payment d. Ask the court to fix the period 21. What is another term for condition where obligation will only arise after the arrival of suspensive condition? a. Condition precedent

o Even if debt is divisible among co-debtors, each and every property given as security answers for the whole obligation. o Partial payment does not release specific collateral until the entire obligation is settled. • Exam Trap: Even if debtor A pays his share, he cannot demand return of his pledged property until B’s share is also fully paid. 2. Deficiency & Surplus in Securities • Pledge (Art. 2115): o Sale of thing pledged extinguishes entire obligation. o Deficiency not recoverable, even if agreed, except for pawnshops (special law). o Surplus belongs to debtor. • Chattel Mortgage: o General Rule: Creditor may recover deficiency. o Exception: No recovery if secured by purchase-money chattel mortgage (PNB v. CA). • Real Estate Mortgage: Deficiency recoverable after foreclosure. 3. Surety vs. Guaranty • Guarantor: Liable only if debtor cannot pay; enjoys benefit of excussion. • Surety: Liable solidarily with debtor; no benefit of excussion (Stronghold Insurance v. Tokyu Construction). • If problem says “We promise to pay,” liability is solidary by nature. 4. Contracts Depending on One Party’s Will • Art. 1308: Contract’s validity/compliance cannot be left to will of one party. • Purely potestative condition (e.g., “I will sell when I desire”) → Void contract. • Mixed or casual conditions may be valid. 29. Which of the following statements about interpretation of contract is incorrect? a. The doubts referring to incidental circumstances of a gratuitous contract shall be interpreted in favor the least transmission of rights and interests. b. The doubts referring to incidental circumstances of an onerous contract the doubt shall be settled in favor of the greatest reciprocity of interests. c. If the doubts are cast upon the principal object of the contract in such a way that it cannot be known what may have been the intention or will of the parties, the contract shall be null and void. d. The interpretation of obscure words or stipulations in a contract shall favor the party who caused the obscurity. 30. Which of the following statements about distinctions between causal fraud and incidental fraud is correct? a. Causal fraud makes the contract voidable while incidental fraud does not invalidate a contract. b. Causal fraud entitles annulment of contract to injured party while incidental fraud entitles the injured party of damages. c. Both A and B d. Neither A nor B 31. What is the status of sale of specific car between an insane and a minor? a. Rescissible b. Voidable c. Unenforceable d. Void 32. D obliged to give a specific car to C if the latter will pass the CPA licensure examination. What type of obligation is present? A. Obligation with a period B. Obligation with a condition C. Pure obligation D. Absolute obligation 33. If the contract is unenforceable, Statement A - It can be ratified for the contract to be effective Statement B – Annulment is not a remedy because it cannot be enforced any way. Statement C – The remedy is annulment of the contract. Statement D – The ratification of the contract can be done if one party consents to it. a. All statements are correct b. Two statements are correct c. All statements are wrong d. Only one statement is correct NOTE: An unenforceable contract cannot be ratified. Unenforceable contracts cannot be annulled. The parties need not do anything if they do not want the contract to prosper. Ratification must be done by both parties in case of unenforceable contracts. 34. Dennis bought a soda from a convenience store which costs P30. He paid P50 to the cashier, but the cashier