REGULATORY FRAMEWORK ON BUSINESS TRANSACTIONS TEST BANK
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REGULATORY FRAMEWORK ON BUSINESS TRANSACTIONS TEST BANK
Contracts
OBLIGATIONS
1.
... [Show More] The following are the requisites of an oblicon, except:
a. Passive subject, debtor or obligor.
b. Active subject, creditor, or oblige.
c. Efficient cause.
d. Demand.
2. Obligations may arise from any of the following, except:
a. Contracts.
b. Quasi-contracts.
c. Law.
d. Prestation.
3. It is the voluntary administration of the property of another without his
consent.
a. Negotiorum gestio
b. Solutio indebiti
c. Quasi-delict
d. Contract
4. It is a wrong committed without any pre-existing relations between the
parties.
a. Natural obligations
b. Quasi-delict
c. Quasi-contract
d. Crime
5. Unless the law or the stipulations of the parties require another
standard of care, every person obliged to give something is also obliged
to take care of it with:
a. Extra-ordinary diligence.
b. Diligence of a father of a good family.
c. Diligence of a good father of a family.
d. Good diligence of a father of a family.
6. The creditor has a right that is enforceable against a definite passive
subject. This right is known as:
a. Personal right.
b. Real right.
c. Natural right.
d. Civil right.
7. It is a thing that is particularly designated or physically segregated from
all others of the same class.
a. Generic thing.
b. Indeterminate thing.
c. Determinate thing.
d. Real thing.
8. One of the following is a determinate thing. Which is it?REGULATORY FRAMEWORK ON BUSINESS TRANSACTIONS TEST BANK
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a. A cow.
b. A horse.
c. A Toyota car with engine no. 12345, body no. 34890 and a plate no.
ABC 123.
d. A ring with diamond embellishment.
9. Demand must be made on the due date of the obligation in order for
delay to exist in one of the following cases. Which is it?
a. When it was stipulated by the parties that demand need not be made.
b. When the law provides that demand need not be made.
c. When the obligation does not indicate whether demand must be made
or not on due date.
d. When time is of the essence of the contract.
10. This refers to delay on the part of the creditor.
a. Mora solvendi ex re
b. Compensation morae
c. Mora solvendi ex personae
d. Mora accipiendi
11.There shall be no liability for loss due to fortuitous events in one ofthe
following cases. Which is it?
a. When the debtor delays.
b. When the parties so stipulated that there shall be liability even in case
of loss due to fortuitous events.
c. When the nature of the obligation requires the assumptions of risks.
d. When the obligation is to deliver a determinate thing and there was no
stipulation as to the liability of the debtor in case of loss due to
fortuitous events.
12. The following are the remedies of the creditor to pursue his claims
against the debtor, except to:
a. Pursue the property owned and in possession of the debtor.
b. Exercise all the rights and bring all the actions of the debtor (accion
subrogatoria)
c. Impugn the acts which the debtor may have done to defraud his
creditors (accion pauliana).
d. Compel the debtor to perform the service in obligations to do.
13. D borrowed P50, 000.00 from C. C dies before he has collected the
debt leaving S, his son, as heir. Which of the following statements is
correct?
a. S can collect from D although D and C did not agree that the credit
right will pass on to the heirs of C.
b. S cannot collect because the credit right is personal to C.
c. S can collect only if D and C agreed that the credit right will pass on
the heirs of C.
d. S cannot collect because the law prohibits the transmission of the
credit right.
14. D is obliged to give C a specific car if C passes the CPA Licensure
Examination. D‟s obligation is an example of:REGULATORY FRAMEWORK ON BUSINESS TRANSACTIONS TEST BANK
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a. A pure obligation
b. An obligation with a suspensive condition.
c. An obligation with a resolutory condition.
e. An obligation with a period.
15. One of the following obligations is not immediately demandable.
a. Pure obligation.
b. Obligation with a resolutory condition.
c. Obligation with an in diem period.
d. Obligation with an ex die period.
16. One of the following is a void obligation:
a. D is obliged to give C P5, 000.00 if C does not go to the moon.
b. D is obliged to give C P5, 000.00 if D goes to Baguio.
c. D is obliged to give C P5, 000.00 if C goes to Baguio.
d. D is obliged to give C P5,000.00 if D wins first prize in the
sweepstakes on a ticket that he had already purchased.
17. D is obliged to give C P10,000.00 if X dies. This is an example of:
a. An obligation with a suspensive condition.
b. An obligation with a resolutory condition.
c. An obligation with a period.
d. A pure obligation.
18. When the debtor binds himself to pay when his means permit him
to do so, the obligation is:
a. An obligation with a resolutory condition.
b. A pure obligation.
c. An obligation with a suspensive condition.
d. An obligation with a suspensive period.
19. Whenever a period is designated in an obligation, the said period
shall be presumed to have been established for the benefit of:
a. The debtor.
b. The creditor.
c. Both debtor and creditor.
d. Neither of the parties.
20.The debtor shall lose the right to make use of the period in the
following cases, except when he:
a. becomes insolvent
b. Violates any undertaking in consideration of which the creditor agreed to
the period.
c. Attempts to abscond.
d. Does not furnish any guaranty or security to the creditor.
21. An obligation ceases to be alternative and becomes a simple obligation in
the following cases, except when:
a. The debtor has communicated his choice to the creditor.
b. The right of choice has been expressly granted to the creditor and his
choice has been communicated to debtor.
c. Among the several prestations that are due only one is practicable.
d. Three prestations are due but one of them is unlawful or impossible.REGULATORY FRAMEWORK ON BUSINESS TRANSACTIONS TEST BANK
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22.D is obliged to give C a specific watch, a specific ring, or a specific bracelet.
The parties agreed that C will have the right to choose the thing which will be
given to him. Before C could make his choice, the watch and the ring are lost
through D‟s fault, successively. What is the right of C?
a. C may choose the delivery to him of the bracelet, or the price of the
watch or the price of the ring plus the damages.
b. C cannot choose the price of the watch or the price of the ring because
the said objects have already been lost.
c. C can only choose to have the bracelet because anyway, D can still
perform his obligation.
d. C can only choose to have delivery of the bracelet or the price of the ring
which was the last item that was lost plus damages.
23.D is obliged to give C a specific ring . The parties agreed that D may give a
specific bracelet as substitute. Which of the following statements is true?
a. If the ring is lost through a fortuitous event before substitution, the
obligation is extinguished.
b. If the bracelet is lost through a fortuitous event before substitution, the
obligation is extinguished.
c. If the ring is lost through a fortuitous event after substitution, the
obligation is extinguished.
d. If the ring is lost through the debtor‟s fault after substitution, the debtor
shall pay damages.
24.A, B, C and D are obliged to give V, W, X, Y and Z, P20,000.00
a. V may collect from A P20,000.00
b. V may collect from A P5,000.00
c. V may collect from A P1,000.00
d. V may collect from A P4,000.00
25. A, B, C, and D, joint debtor, are obliged to give V, W, X, Y, and Z, solidary
creditors, P20,000.00
a. V may collect from B P20,000.00
b. V may collect from B P4,000.00
c. V may collect from B P5,000.00
d. V may collect from B P1,000.00
26.A, B, C, and D solidary debtor, are obliged to give V, W, X, Y, and Z, joint
creditor, P20,000.00
a. V may collect from B P20,000.00
b. V may collect from B P4,000.00
c. V may collect from B P5,000.00
d. V may collect from B P1,000.00
27. A, B, C and D, solidary debtors, are obliged to give V, W, X, Y and Z,
solidary creditor P20,000.0
a. V may collect from D P20,000.00
b. V may collect from D P4,000.00
c. V may collect from D P5,000.00
d. V may collect from D P1,000.00REGULATORY FRAMEWORK ON BUSINESS TRANSACTIONS TEST BANK
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28.A, 25, B, 35 and C, 17, are solidary debtor of X in the amount of
P9,000.00
a. X may collect from A P9,000.00
b. X may collect from A P6,000.00
c. X may collect from A P1,000.00
d. X may collect nothing because the obligation is voidable, C is being
minor.
29.The following obligations are divisible, except an obligation:
a. To give definite things.
b. Which has for its object the execution of a certain of days of work.
c. Which has for its object the accomplishment of work by metrical units.
d. Which by its nature is susceptible of partial performance.
30.In obligations with a penal clause, the creditor as a rule may recover from
the debtor in case of breach the following:
a. the penalty as agreed upon, plus damages and interest.
b. the penalty and damages.
c. the penalty and interest.
d. only the penalty.
31. Rockman and Company published an advertisement in the newspapers
which reads as follows “INVITATION TO BID: Construction of the company‟s
warehouse located at 123 Luzon Street, Sta. Quiteria, Quezon City”. The
advertisement also included the specifications of the warehouse to be
constructed. three companies submitted their bids: ABC Company, with a bid
price of P4,5000,000.00. After considering the financial capability, reputation
and experience of the bidders, the kind and quality of materials to be used and
other factors, Rockman and Company, the lowest bidder, now questions the
award made by Rockman Company to DEF Company which submitted a higher
bid.
a. The award to DEF Company is voidable because it was only the second
lowest bidder.
b. ABC Company should be the winning bidder having submitted the lowest
bid.
c. The award to DEF Company is valid because Rockman Company was not
bound to accept the lowest bidder.
d. The award to DEF Company is void by reason of Rockman‟s violation of
the terms of the invitation to bid.
32.One of the following is not incapable of giving his consent.
a. Insane persons.
b. Deaf-mutes who do not know.
c. Deaf-mutes who know how to read.
d. Unemancipated minors.
33.A contract entered into by an incapacited person is:
a. Void.
b. Voidable.
c. rescissible.
d. Unenforceable.REGULATORY FRAMEWORK ON BUSINESS TRANSACTIONS TEST BANK
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34.Contracts entered into in a state of drunkenness or during hypnotic spell
are:
a. Valid.
b. Voidable.
c. rescissible.
d. Void.
35. A contract entered into by an insane person during a lucid interval is:
a. Valid.
b. Voidable.
c. rescissible.
d. Void.
36.Aside from fraud and undue influence, the following are the vices of
consent, except:
a. Violence.
b. Intimidation.
c. Mistake.
d. Dealer‟s talk.
37. Mistake in three of the following will make a contract voidable. Which one
will not?
a. Mistake as to the substance of the thing which is the object of the
contract.
b. Mistake as to the principal conditions which principally moved one or
both parties to enter into the contract.
c. Mistake as to the identity or qualifications of one of the parties, which
identity or qualifications have been the principal cause of the contract.
d. Simple mistake of account.
38.D owes C the following debts: P6, 000.00 due on June 12; P6, 000.00 due
on June 18; and P6, 000.00 due on June 20. All debts are unsecured except
the debt due on June 20 which is secured by a pledge of D‟s diamond ring to C.
By agreement, the benefit of the term on 4 debts was granted to C. Assuming
that D has P6, 000.00 on June 18 and is ready to pay C, which of the following
statements is correct?
a. D may apply his payment of P6, 000.00 to any of the debts due on June
12, June 15, and June 18 since they are all due as of June 18.
b. D may apply his payment only to the debt due on June 20 because it is
the most burdensome to him.
c. D must apply the payment proportionately to the debts due as of June
18 at P2,000.00 each.
d. D may apply the payment to any of the four debts.
39.The offer made by the debtor to pay his obligation to his creditor is known
as;
a. Consignation.
b. Tender of Payment.
c. Application of payment.
d. Dation of payment.
40.Consignation alone without any tender of payment is sufficient in the
following cases, except:
a. When the creditor is absent or unknown or does not appear at the place
of payment.
b. When the creditor presents the title to the obligation for collection.
c. When without just cause, the creditor refuses to give a receipt.REGULATORY FRAMEWORK ON BUSINESS TRANSACTIONS TEST BANK [Show Less]