Bus Law PRETEST creditors, P20,000.

V may collect from B

P20,000.

10. A, 25, B, 35, and C, 17, are solidary

1. When the obligation does not indicate debtors of X in the amount of P9,000. X
wherever demand made or not on due may collect from A P9,000.
date. Demand must be made on the
due date of the obligation in order for 11. Recession can be availed of in the case
the delay to exist. of a last will and testament.

2. When the nature of the obligation 12. Reformation – is a remedy availed of to

requires the assumption of risks, there express the real intent of the parties to
shall be no liability for loss due to a contact or written.
fortuitous events.
13. The donation by a person of his organ
3. An obligation ceases to be alternative which will take upon his death is valid.
and become a simple obligation except False.
when three prestation are due but one
of them unlawful or impossible. 14. A party who employed violence,
intimidation, undue influence, or fraud,
4. Pure Obligation- When the debtor or who caused mistake may bring an
binds himself to pay when his means action to annul the contract on any
permit him to do so. such ground. False.

5. Whenever a period is designated in an 15. A contract is rendered voidable

obligation, the said period shall be although a party gave his consent
presumed to have been established for because of a reasonable and well-
the benefit of the debtor. grounded fear of an imminent and
grave evil upon the property of the
6. A,B,C, and D are obliged to give descendant. True.
V,W,X,Y, and Z P20,000. V may collect
from A P5,000. 16. The action or defense for the
declaration of the inexistence or nullity
7. A, B, C, and D, joint debtors, are obliged of a contract does not prescribe. True.
to give V,W,X,Y and Z, solidary
creditors, P20,000.00. V may collect 17. The right to set up the defense of
from B P5,000. illegality of a contract may be waived.
False.
8. A, B, C, and D, solidary debtors, are
oblige to give V,W,X,Y and Z, joint 18. A void contract may be waived. False.
creditors, P20,000. V may collect from B
P20,000. 19. Unenforceable contracts cannot be
assailed by third persons. True.
9. A, B, C, and D, solidary debtors, are
obliged to give V,W,X,Y and Z, solidary
20. Contracts that are required to be in Consensuality of Contract. Principle of
writing under the Statute of Frauds may Consensuality. Consensuality.
be enforced if benefits have been
accepted under them. True. 30. The offeree is given a certain period
within which to buy or not the thing
21. A contract where both parties are being offered. Option Contract. Option
incapable of giving consent is voidable. Money.
False.
31. A vice of consent where a person is
22. Ratification requires the conformity of compelled by a reasonable and well-
the contracting party who has no right grounded fear of an imminent and
to bring the action for annulment. grave evil upon his person or property,
False. or upon the person or his property of
his spouse ascendant or descendant.
23. If a party ratifies a voidable contract, he Intimidation.
can still subsequently ask for its
annulment. False. 32. The parties do not intend to be bound
at all. Absolutely Simulated Contract.
24. Alienations by gratuitous title are
presumed fraudulent if the donor did 33. The cause thereof is the service
not reserve sufficient property to pay remunerated. Remuneratory Contract.
off debts contracted before donation.
True. 34. The action that is brought to set aside a
voidable contract. Annulment.
25. The action for recession must be
commenced within three years. False. 35. They are inherent in a contract unless
set aside or suppressed by the parties.
26. A meeting of minds between two Natural Elements.
persons whereby one binds himself
with respect to the other to give 36. Involves preliminary negotiations and
something or to render some service. bargaining, with no rival yet of a
Contract. definite agreement. Preparation of
Contract.
27. A contract that can stand by itself.
Principal Contract. 37. Preparation of Contract. Lucid Interval.

28. The cause, with respect to one party is 38. It exists when serious or irresistible
the prestation or promise of a thing or force is employed to obtain consent.
service by the other party. Onerous Violence.
Contract.
39. The essential reason of a party in
29. The principle that contracts are entering into a contract. Cause.
perfected by mere consent.
40. It is designed to prevent the not delivered the lot, and B has not
commission of fraud by requiring given any payment. The sale is in
certain contracts to be in writing. writing but has not yet been
Statute of Fraud. acknowledged by parties before a
notary public. Unenforceable.
41. An oral contract of lease of a room
between R (lessor), who is 40 years old, 47. A written contract of sale of a specific
and S (lessee), a 17-year old student for car between S and B. The car actually
a period of one year while S is studying belonged to O and was sold by S in the
at ABC School. The monthly rental is name of O without the latter’s
5,000. S has paid the first month rental authority. The car is still in the
in advance. Voidable. possession of O although B has remitted
price of P60,000.00 to S.
42. An oral contract of lease of a lot by R Unenforceable.
(lessor) and E (lessee) for a period of 2
years at a monthly rental of P20,000 48. A written contract of sale entered into
with E being required to pay one-month by G, guardian, in behalf of his ward M,
deposit of P20,000. R has not delivered a minor, and B, 25 years old. The sale
the lot, but E has given the one-month had for its object a specific ring with a
deposit. Valid and Enforceable. value of P40,000.00 belonging to M but
was sold by G for only P28,000.00. B has
43. An oral contract of sale of a computer paid the price in full and obtained
worth P20,000 between S (seller), a possession of the ring. Rescissible.
minor, and B (buyer) an insane person.
The computer has not been delivered 49. A written contract of sale entered into
and the price has been payed. by G guardian, in behalf of his ward M,
Unenforceable. a minor, and B, 25 years old. The sale
had for its object a specific ring with a
44. An oral contract of sale of a computer value of P40,000.00 belonging to M but
worth P20,000 between S (seller), a was sold by G for only P30,000.0. B has
minor, and B (buyer) an insane person. paid the price in full and obtained
The computer has not been delivered possession of the ring. Valid and
and the price has not been payed. Enforceable.
Unenforceable.
50. A written contract of sale of a lot
45. An oral sale of a lot worth P50,000 between S, seller, and B, buyer, for
between S (seller) and B (buyer). S has P50,000.00. A lot is the only property of
not delivered the lot, but b has given a S who sold it to defraud C, his creditor.
down payment of P5,000. Valid and B was aware of the fraudulent intent of
S in selling the lot of him. Rescissible.
Enforcement
51. A donation of a gold ring worth
46. A deed of sale of a lot worth P100,000 P4,000.00 made by D to C. The donation
between S (seller) and B (buyer). S has of the gold ring by D and its acceptance
 by C were orally with D simultaneously
delivering the ring to C. Void.

52. A written contract of sale entered into

between S (seller) and B (buyer). The
object of the sale is the right kidney of
S. B has paid the price amounting to
P20,00.00. Void.

53. An oral contract of commodatum

whereby M, 17years old, lent his
cellphone to B, 25 years old for a week.
Voidable.

54. A written contract of sale of a lot

between S, seller, and B, buyer, for
P50,000.00. The lot is the only property
of S who sold it to defraud C, his
creditor. B was not aware of the
fraudulent intent of S in selling the lot
to him. Valid and Enforceable.

55. D owes C1 p50,000.00 which is not yet

due. He also owes C2 P50,000.00 which
is already due. D, however, has only
P50,000.00, but he pays C1 instead.
Rescissible.