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Law On Obligations and Contracts

may be reformed. Select one: a. is void b. is valid c. may be reformed d. none of the choices Question 18 Correct Mark 1.00 out of 1.00 Flag question Question text A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is ______________. Select one: a. valid b. vitiate c. invalid d. voidable Question 19 Correct Mark 1.00 out of 1.00 Flag question Question text The procedure of reformation of instrument shall
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0% found this document useful (0 votes)
254 views28 pages

Law On Obligations and Contracts

may be reformed. Select one: a. is void b. is valid c. may be reformed d. none of the choices Question 18 Correct Mark 1.00 out of 1.00 Flag question Question text A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is ______________. Select one: a. valid b. vitiate c. invalid d. voidable Question 19 Correct Mark 1.00 out of 1.00 Flag question Question text The procedure of reformation of instrument shall
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© © All Rights Reserved
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You are on page 1/ 28

Under defective causes, lesion or inadequacy of cause is valid unless fraud or undue

influence is valid.

Question 1Select one:

a.
False

b.
True

Question 2
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Question text
The particular motive of the parties entering into a contract are the same from the cause
thereof.

Question 2Select one:

a.
True

b.
False

Question 3
Correct
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Question text
___________________ is where courts must find that the contract contravenes some established
interest in the society

Question 3Select one:

a.
Contrary to public policy

b.
Contrary to law
c.
Contrary to morals

d.
Contrary to good customs

Question 4
Correct
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Question text
___________________________is a wrong or false notion about such matter, a belief in the
existence of some circumstance, a fact or event which in reality does not exist

Question 4Select one:

a.
Mistake

b.
Violence

c.
Fraud

d.
Undue influence

Question 5
Correct
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Question text
In contracts creating real rights, third persons who come into possession of the object of the
contract are bound hereby, subject to the provisions of the Mortgage Law and Land
Registration Laws.

Question 5Select one:

a.
False
b.
True

Question 6
Correct
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Question text
____________________ means man's innate sense or notion of what is right and wrong is more
or less universal.

Question 6Select one:

a.
Contrary to public policy

b.
Contrary to public order

c.
Contrary to law

d.
Contrary to morals

Question 7
Correct
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Question text
In impossibility of things and services, the impossibility must be actual and
contemporaneous with the making of the contract and not subsequent.

Question 7Select one:

a.
True

b.
False

Question 8
Incorrect
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Question text
Stipulations in favor of third persons may demand its fulfillment provided the acceptance is
made after revocation.

Question 8Select one:

a.
False

b.
True

Question 9
Correct
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Question text
____________________is a characteristic of a contract which constitutes the law between parties.

Question 9Select one:

a.
Obligatory force

b.
Freedom

c.
Mutuality

d.
Relativity

Question 10
Correct
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Question text
_______________________ contracts are essentially agreements to give donations.
Question 10Select one:

a.
None of the choices

b.
Gratuitous

c.
Onerous

d.
Remuneratory

Under form of contracts, when the law requires that a contract be in some form in order
that it may be valid and enforceable or that a contract be proved in a certain way, that
requirement is ________________and indispensable.

Question 1Select one:

a.
Partial

b.
Limited

c.
Absolute

d.
Conditional

Question 2
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If the law requires a document or other special form, as in the acts and contracts
enumerated in the contracts must appear in public document, the contracting parties may
_____________________each other to observe that form, once the contract has been perfected.

Question 2Select one:

a.
Exempt

b.
Compel

c.
Disregard

d.
Refrain

Question 3
Incorrect
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Question text
When there is meeting of minds but the true intention is not expressed, a relief of
reformation of the instrument may be sought by one of the parties.

Question 3Select one:

a.
False

b.
True

Question 4
Incorrect
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Question text
All other contracts where the amount exceeds five hundred pesos must appear in
_________________, even private one.

Question 4Select one:

a.
None of the choices

b.
General circulation
c.
Newspaper

d.
Writing

Question 5
Correct
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Question text
The procedure of reformation of instrument shall be governed by _____________________of the
Supreme Court.

Question 5Select one:

a.
Clerk of court

b.
Rules of court

c.
Criminal court

d.
None of the choices

Question 6
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Question text
If mistake, fraud, inequitable conduct or accident has prevented to have a meeting of the
minds by both parties, the remedy is reformation.

Question 6Select one:

a.
True
b.
False

Question 7
Correct
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Question text
If one party was mistaken and the other acted fraudulently or inequitably in such a way that
the instrument does not show their true intention, the former may ask for the reformation of
the instrument.

Question 7Select one:

a.
True

b.
False

Question 8
Correct
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Question text
When there is unilateral mistake, the uninjured party may ask for reformation.

Question 8Select one:

a.
True

b.
False

Question 9
Correct
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Question text
________________________ is no impediment to the reformation of an instrument.
Question 9Select one:

a.
Equity

b.
All of the choices

c.
Statute of Frauds

d.
Court

Question 10
Correct
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Question text
A contract to be effective as Cessation must not appear in a public document.

Question 10Select one:

a.
True

b.
False

The determination of the performance may be left to a third person, whose decision shall
not be binding until it has been made known to both contracting parties.

Select one:

a.
False

b.
True

Question 2
Correct
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Question text
Impossible things or services can be the object of contracts.

Select one:

a.
False

b.
True

Question 3
Correct
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Question text
A contract where consent is given through mistake, violence, intimidation, undue influence,
or fraud is voidable.

Select one:

a.
valid

b.
vitiate

c.
invalid

d.
voidable

Question 4
Correct
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Question text
In impossibility of things and services, the impossibility must be actual and
contemporaneous with the making of the contract and not subsequent.

Select one:

a.
True

b.
False

Question 5
Correct
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Question text
Under form of contracts, when the law requires that a contract be in some form in order
that it may be valid and enforceable or that a contract be proved in a certain way, that
requirement is ________________and indispensable.

Select one:

a.
Conditional

b.
Absolute

c.
Limited

d.
Partial

Question 6
Correct
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Question text
____________________ means man's innate sense or notion of what is right and wrong is more
or less universal.

Select one:

a.
Contrary to morals

b.
Contrary to public order

c.
Contrary to public policy

d.
Contrary to law

Question 7
Correct
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Question text
When one of the parties is unable to read, or if the contract is in a language not understood
by him, and mistake or fraud is alleged, the person enforcing the contract must show that
the terms thereof have been fully explained to the former.

Select one:

a.
False

b.
True

Question 8
Correct
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Question text
Contracts shall be obligatory, in whatever form they may have been entered into, provided
all essential requisites for their validity are present.

Select one:

a.
True

b.
False

Question 9
Correct
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Question text
Consent is manifested by the meeting of the offer and the acceptance upon the thing and
the cause which are to constitute the contract. The offer must be certain and the acceptance
absolute. A qualified acceptance constitutes a ____________________.

Select one:

a.
counter affidavit

b.
counter strike

c.
counter offer

d.
none of the choices

Mortgage, insurance and bonds are examples of natural elements of a contract.

Select one:

a.
False

b.
True

Question 14
Correct
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Question text
Contract is perfect when the offeror or counter offeror learn about the acceptance.

Select one:

a.
True

b.
False

Question 15
Correct
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Question text
There is no contract unless the following requisites concur , except:

Select one:

a.
Consent of the contracting parties

b.
Object certain which is the subject matter of the contract

c.
None of the choices

d.
Cause of the obligation which is established.

Question 16
Correct
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Question text
If one party was mistaken and the other acted fraudulently or inequitably in such a way that
the instrument does not show their true intention, the former may ask for the reformation of
the instrument.

Select one:

a.
False

b.
True

Question 17
Correct
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Question text
When mutual mistake of the parties causes the failure of the instrument to disclose their
real agreement, said instrument may be annulled.

Select one:

a.
True

b.
False

Question 18
Correct
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Question text
The following are cases where no reformation is allowed except:

Select one:

a.
When real agreement is valid.

b.
Oral contracts

c.
Simple donations

d.
Will

Question 19
Correct
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Question text
_____________________ is a unilateral proposition which one party makes to the other for the
celebration of the contract

Select one:

a.
Acceptance

b.
Offer

c.
Counter-offer

d.
None of the choices

Question 20
Correct
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Question text
Simulation of a contract may be ________________________.

Select one:

a.
none of the choices

b.
absolute or relative
c.
conditional or complicated

d.
qualified or limited

Question 21
Correct
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Question text
Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound
by confidential relations, constitutes __________________________.

Select one:

a.
fraud

b.
misrepresentation

c.
intimidation

d.
violence

_____________________________of the law excuses no one from compliance therewith

Select one:

a.
Mistake

b.
Ignorance

c.
Error
d.
Influence
Consent is manifested by the _____________________ of the offer and acceptance upon the
thing and the cause which are to constitute a contract.

Select one:

a.
Laws

b.
Performance

c.
Contracts

d.
Meeting

Question 27
Correct
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Question text
All other contracts where the amount does not exceed five hundred pesos must appear in
writing.

Select one:

a.
True

b.
False

Question 28
Correct
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Question text
A qualified acceptance constitutes a counter offer.

Select one:

a.
False

b.
True

Question 29
Correct
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Question text
The following must not be stipulated in the contract, except:

Select one:

a.
contrary to good customs

b.
contrary to traditions

c.
contrary to law

d.
contrary to morals

The determination of the performance maybe left to a third person, whose decision is
binding even if not known to both parties.
Select one:

a.
False

b.
True
A mere expression of an opinion does not signify fraud, unless:
Select one:

a.
it has created minimal mistake

b.
made by an expert and the other party has relied on the former's special knowledge.

c.
it is made in good faith

d.
all of the choices

Question 34
Correct
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Question text
There is _________________ when through insidious words or machinations of one of the
contracting parties, the other is induced to enter into a contract which, without them, he would
not have agreed to.
Select one:

a.
Undue influence

b.
Reasonable fear

c.
None of the choices
d.
Fraud

There is __________________________ when, through insidious words or machinations of one of


the contracting parties, the other is induced to enter into a contract which, without them, he
would not have agreed to.

Select one:

a.
intimidation

b.
fear

c.
fraud

d.
violence
A contract where consent is given through mistake, violence, intimidation, undue influence
is voidable.

Select one:

a.
False

b.
True

Question 39
Correct
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Question text
___________________ tends only to assure and pave the way for the celebration of a contract is
actually made, the rights and obligations are not yet determined.
Select one:

a.
Perfected promise

b.
Contracts

c.
None of the choices

d.
Imperfect promise

Question 40
Correct
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Question text
Mortgage, guaranty and bond are examples of _______________________ elements of a contract

Select one:

a.
Accidental

b.
All of the choices

c.
Essential

d.
Natural

____________________means automatic foreclosure.

Select one:

a.
None of the choices

b.
Pactum commisorum

c.
Pactum leonina

d.
Pactum de non alienado

Question 43
Correct
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Question text
All things which are not outside the commerce of men, including future things, may be the
object of a contract.

Select one:

a.
True

b.
False

Question 44
Correct
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Question text
No contract may be entered into upon future inheritance except in cases expressly
authorized by law.

Select one:
a.
False

b.
True

Question 45
Correct
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Question text
____________________is a characteristic of a contract wherein validity and performance cannot
be left at the will of one of them.

Select one:

a.
Mutuality

b.
Relativity

c.
Freedom

d.
Obligatory force

Question 46
Correct
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Question text
A contract to be effective as Cessation must not appear in a public document.
Select one:

a.
False

b.
True

Question 47
Correct
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Question text
The following are causes of reformation of instrument except:

Select one:

a.
Mutual, mistake of fact, clear and convincing proof.

b.
Unilateral, one party is in bad faith, the party in good faith may seek reformation of contract.

c.
Mistake by 3rd persons where due to ignorance, lack of skill, negligence, bad skill of drafter.

d.
None of the choices

Question 48
Correct
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Question text
A simple mistake of account shall give rise to its _________________________.
Select one:

a.
invalidity

b.
none of the choices

c.
validity

d.
correction

Question 49
Correct
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Question text
The fixing of a price may be determined by one of the contracting party for the sale to be
perfected.

Select one:

a.
True

b.
False

Question 50
Correct
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Question text
An offer made through an agent is accepted from the time acceptance is communicated to
him.

Select one:

a.
True

b.
False

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