Question 1 (4 points)
X is the driver of a passenger bus which is owned and operated by A compnay. While
X is driving along Mac Arthur Highway going to Tarlac City, it met an accident through
his negligence where P, a passenger, was injured. X is liable to P for damages which
arises from.
Crime
a
Law
b
Quasi-contracts
c
Contracts
d
Question 2 (2 points)
Defense of a good father of a family in the selection and supervision of employees is
not a proper or complete defense in the following, except:
culpa contractual
a
culpa criminal
b
common carriage
c
culpa aquiliana
d
Question 3 (2 points)
Action/s that can be filed when what is to be delivered is a determinate thing in
case of breach of obligation.
I. Action for specific performance
II. Action for substituted performance
III. Damages
all of the above
a
I and II only
b
I only
c
I and III only
d
Question 4 (2 points)
When funeral expenses are borne by a third person without the knowledge of those relatives who
were obliged to
give support to the deceased, said relatives shall reimburse the third person, should the latter claim
reimbursement.
This is an example of _______
obligation arising from law
a
quasi- delict
b
civil obligation
c
quasi-contract
d
Question 5 (2 points)
I. Demand is always necessary to incur delay.
II. In quasi-delict, it is a requirement that a pre-existing contract exists.
True
False
Question 6 (4 points)
While Sandy and her friends were playing volleyball, the ball hit by Sandy hit and
broke the glass window of their neighbor. The neighbor asked Sandy to pay the
damages. Sandy insisted that she should not be liable because there were no pre-
existing contractual relation between them and it was just an accident. Decide
Sandy is liable for committing quasi-delict due to her negligence.
a
Sandy is not liable because there is no intent to cause damage on her part and it was a
b mere accident that she could not control.
Sandy is liable for being negligent and a quasi-contract is created.
c
Sandy is not liable for damages because the incident is a fortuitous event.
d
Question 7 (2 points)
A fraud which renders the contract voidable.
deceit
a
Dolo Incidente
b
bad faith
c
Dolo causante
d
Question 8 (4 points)
Sonia obliged himself to deliver to Karen 2 botlles of concentrated and authentic
bulgari perfume. Subsequently, Sonia delivered 2 bottles that contain a diluted bulgari
perfume. Did Sonia's performance incur a liability?
No because she was able to comply with her obligation to deliver.
a
Yes because she committed incidental fraud in the performance of her obligation and
b
is liable for damages
Yes because she committed incidental fraud in the performance of her obligation and
c the contract is void.
No because the contract was consummated.
d
Question 9 (2 points)
The obligation shall be executed at the cost of the debtor/obligor in the following
situations, except:
when the obligation was poorly done
a
when the debtor/obligor fails to perform his obligation
b
when the obligor fails to deliver a determinate thing
c
performance was contrary to the terms agreed upon by the partiies
d
Question 10 (2 points)
Article 1164 provides that the creditor has a right to the fruits of the thing
from the time the obligation to deliver it arises. The right being referred to is:
real right
a
personal right
b
right of ownership of the fruits
c
real obligation
d
Question 11 (2 points)
Contract is a civil obligation while quasi-contract is a natural obligation.
True
False
Question 12 (2 points)
It is the efficient cause established by various sources of obligation
Object
a
Active subject
b
Passive subject
c
Vinculum juris
d
Question 13 (2 points)
A legal tie established between one party and another whereby the latter is
bound to the fulfillment of a prestation which the former may demand of him.
real right
a
Juridical necessity
b
obligation
c
Prestation
d
Question 14 (2 points)
The particular conduct of the debtor which may consist in giving, doing, or not
doing something.
Prestation
a
right
b
obligation
c
Juridical necessitry
d
Question 15 (2 points)
I. Demand is always necessary to incur delay.
II. In quasi-delict, it is a requirement that a pre-existing contract exists.
Both statements are false
a
Both statements are true
b
Only II statement is false
c
Only I statement s false
d
Question 16 (2 points)
The obligation of the debtor or obligor to deliver a thing, movable or an
immovable, to the creditor or obligee for the purpose of ownership or use
negative personal obligation
a
positive personal obligation
b
real right
c
real obligation
d
Question 17 (2 points)
The degree of care mandated by law a common carrier has to exercise is:
ordinary care
a
simple diligence
b
extraordinary diligence
c
due care
d
Question 18 (2 points)
Legal delay happens when the debtor/ obligor fails to comply with his
obligation after the arrival of the period agreed upon.
True
False
Question 19 (2 points)
A kind of obligation which derives its binding effect from equity and natural
justice.
Real obligation
a
Personal Obligation
b
Natural Obligation
c
Civil obligation
d
Question 20 (2 points)
A remedy of the debtor in case the creditor unjustifiably fails or refuses to accept the
performance of the obligation.
Dacion in payment
a
Cession
b
Consignation
c
Application for payment
d
Question 21 (4 points)
Sam owns and manages a variety store in Baguio City. When he ran out of supply,
he went to the supplier's bodega to order some goods to sell. When he came back, Mon
was managing the said store. Mon asked to get reimbursed. Is Mon's claim tenable?
No because there is no pre-existing contractual relation between Sam and Mon.
a
Yes because he spent his time managing Sam's store and he should be paid for his
b services
No because there is no manifest intent on the part of Sam to abandon his shop.
c
Yes in view of the principle that no one should be benefited at the expense of others.
d
Question 22 (2 points)
In specific real obligations, the creditor may exercise the following remedies should
the obligor fail to perform his obligation, except:
Demand substituted performance with the right to indemnity for damages
a
Demand payment of damages only where it is the only feasible remedy
b
Demand cancellation of the obligation with a right to recover damages
c
Demand specific performance of the obligation with the right to indemnity for
d damages
Question 23 (2 points)
When a person voluntarily takes charge of the neglected business of
another without the latter's authority where reimbursement must be made for
necessary and useful expenses, there exists
negotiorium gestio
a
Quasi- contract
b
Quasi-delict
c
solutio indebiti
d
Question 24 (2 points)
Which of the following is not a right of the creditor in generic real obligation?
To compel specific performance
a
To recover damages in case of breach of the obligation
b
To ask for performance of the obligation
c
To ask that the obligation be complied with at the expense of the debtor
d
