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Question 1
One of the stipulations contained in the contract between M Company and its employees is that the company shall
pay a bonus to employees of the company who shall continue its employment for at least 2 consecutive years,
unless he quits or is discharged before the expiration of the period of 2 years. X, an employee of the company was
discharged with just one week before the completions if the two-year period.
Response: X is entitled to the bonus because the debtor company has voluntarily prevented the happening of the
condition.
Question 2
is descriptive of statutes which require certain classes of contracts to be in writing.
Question 3
A contract in which a person literally contracts with himself is
Question 4
The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient
provided they are not contrary to law, morals, good customs, public order or public policy. This is known as the
principle of:
Question 5
D owes C P500. However, C’s right has already prescribed. Not withstanding the knowledge of this fact, D paid the
amount. Realizing this mistake, D wants to recover the amount he paid.
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Question 6
A orally sold to B his house at #143 Pag-ibig Homes, Mt. Province. In the written deed of sale, both forgot the true
number of the house and instead wrote on the contract #413 Pag-ibig Homes, Mt. Province. The remedy shall be:
Question 7
The stages of a contract according to the order of their occurrence are
Question 8
They refer to particular stipulations of the parties in a contract.
Question 9
In order that an action for reformation of instrument may prosper, the following requisites must concur, except:
Response: There must have been no meeting of the minds of the parties to the contract.
Question 10
Contracts which must be in the form provided by the law for their perfection
Question 11
Three of the following are essential elements of a contract, except
Question 12
Contracts are effective and binding only between the parties, their assigns and heirs. Three of the following
enumerations are exceptions as provided by law. Which does not belong to the exception?
Response: Where one of the parties to the contract dies and thereafter a suit is filed on the basis of the contract.
Question 13
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A "Deed of Donation Inter Vivos" was executed by X. it named as donees her grandchildren, namely: A, B and C.
X, however, retained the owner's duplicate copy of the new title, as well as the property itself, until she transferred
the same 10 years later.
On March 12, 1987, X drew up a deed of revocation of the donation. Then, she filed a petition for cancellation of
the new title and the reinstatement of the old title. her petition was founded on the theory that the donation to her 3
grandchildren was one "mortis causa" which thus had to comply with the formalities of a will, and since it had not,
the donation was void.
The donees (X's grandchildren) opposed the petition. In their opposition, they averred that the donation in their
favor was one inter vivos, hence, valid.
Response: The donation in question, though denominated inter vivos, is in truth mortis causa because in case of
doubt relative to a gratuitous contract, the construction must be that entailing "the least transmission of rights and
interests."
Question 14
A contract that can stand by itself is known as:
Question 15
I. When through the ignorance, lack of skill, negligence or bad faith on the part of the person drafting the
instrument or of the clerk or typist, the instrument does not express the true intention of the parties, the court may
order that the instrument be reformed.
II. If two parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the
property is sold absolutely or with a right of repurchase, annulment of the instrument is proper.
Question 16
I. S sold to B in a private instrument his land. Later, B wanted to have the sale registered but registration requires a
public instrument. In here, B may compel S to execute the needed public instrument.
II. S sold to B orally his land. After B paid S, he wanted to register the land in his name but he needed a public
instrument of sale. In here, B may compel S to execute the needed public instrument.
Question 17
Statement No. 1: 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 annulment of the instrument.
Statement No. 2: The statement of false cause in contracts shall render them void, if it should not be proven that
they were founded upon another caused which is true and lawful.
Question 18
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Is that remedy in equity by means of which a written instrument is made or construed so as to express or conform
to the real intention of the parties.
Response: Reformation
Question 19
Argus won in jueteng. Since there is not enough money yet to pay his winnings, Tigreal, the event organizer,
executed a promissory note in their favor. Argus then indorsed the note to Diggie. Which statement is correct?
Response: None of them can recover because the note is void. Just as the payee cannot recover, so also cannot the
indorsee.
Question 20
The period when the minds of the seller and the buyer have met on the subject matter and cause of the interest is -
Question 21
An innominate contract which means “I do that you may give.”
Question 22
A real contract has the following essential elements:
Response: consent of the contracting parties, object certain, cause or consideration and delivery of the object.
Question 23
Is the act of making intelligible what was before not understood, ambiguous, or not obvious.
Response: Interpretation
Question 24
The intent of the parties to an instrument is "embodied in the writing itself, and when the words are clear and
unambigiguous the intent is to be discovered only from the express language of the agreement."
Question 25
I. In reformation of contracts, what is reformed is not the contract itself, but the instrument embodying the contract.
II. In an instrument embodying a contract where both parties committed mutual mistake which caused the failure of
the instrument to disclose their real agreement, said instrument may be reformed.
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Question 26
A principle which allows courts in some cases to search beneath the semantic surface for clues to meaning.
Question 27
Mr. Bean offered in writing to sell his home and lot for P750,000 to Mr. Teddy on November 18, 2019. Mr. Teddy
requested Mr. Bean to give him 60 days within which to raise the P750,000. On January 17, 2020, Mr. Bean
informed Mr. Teddy that the price is raised ad now at P1,000,000. Can Mr. Teddy compel Mr. Bean to sell house
and lot at P750,000 which was offered in writing by Mr. Bean
Response: No, because Mr. Teddy has not accepted the offer of Mr. Bean.
Question 28
Antonio entered into a contract with Barbiran to teach Barbiran French Language starting January 1, 2020. Antonio
died on November 28, 2019. Is Antonino, the son of Antonio obliged to teach Barbiran French Language?
Response: No, the contract between Antonio and Barbiran is personal in nature and are not transmissible.
Question 29
After the extrajudicial foreclosure by DBP (mortgagee) and sale of the mortgaged lands to it, but within the one (1)
year redemption period, R (mortgagor) entered into a contract with B entitled “Deed of Sale with Assumption of
Mortgage’’ under which R sold the lands to B and the latter assumed the mortgage indebtedness. In another
document, R was given the option to repurchase the property. B took possession of the property, introduced
improvements thereon, and appropriated the produce to himself.
R demanded an accounting of the income of the property, alleging that the true intent of the parties in executing the
contracts in question was to create an equitable mortgage. (see Arts. 1602-1605.)
Issue: What contract was entered into by the parties?
/files/9329895/OBLICON_no._29_question.pdf
Question 30
The contract must bind both contracting parties, its validity or compliance cannot be left to the will of one of them.
This is known as the principle of:
Question 31
A contract where the parties contemplate a real fulfillment, hence, equivalent values are given is known as:
Question 32
For a consideration, X attached his motorcycle with complete accessories and sidecar to the transportation line of Y
who had the franchise so much so that in the registration certificate, Y appeared to be the owner.
X failed to claim any insurance indemnity for damages arising from accidents in which the motorcycle figured
because of the failure of Y to comply with his obligation to register the motorcycle.
Issue: Is X entitled to relief from the court?
/files/9329895/OBLICON_no._32_question.pdf
Question 33
A and B entered into a contract of mortgage. However, as written the document states it is a contract of sale with
right of repurchase, the error due to the fault of the clerk. Hence,
Response: The instrument may be reformed because it does not express the true agreement of the parties.
Question 34
A contract where both parties are required to do or give something is known as a:
Question 35
There shall be no reformation in the following cases, except:
Question 36
An accessory contract must be read in its entirety and together with the principal agreement.
Question 37
Which of the following is not a valid stage of a contract?
Response: Introduction
Question 38
A consensual contract has the following essential elements:
Response: consent of the contracting parties, object certain and cause or consideration.
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Question 39
One of the following is a natural element of a sales contract.
Question 40
A contract that does not have any special name under the law is known as:
Question 41
Salud enters into a contract to sell one (1) hectare of land to Bacolod and agreed to have the price to be determined
by Agan, a real estate appraiser. Which of the following statements is false?
Response: The recommended price of Agan is obligatory on both parties even if it is manifestly inequitable.
Question 42
X (insurer) issued to Y (Taxicab Company) a common carrier accident policy. The heirs of T, a driver of one of the
vehicles covered by the policy, who was killed brought action against X to collect the proceeds of said policy in
view of the failure of X and Y to agree with respect to the amount to be paid to said heirs.
X claims that the heirs had no cause of action as they had no contrac- tual relation with T.
Issue: Does the policy in question belong to contracts pour autrui?
/files/9329895/OBLICON_no.42_question.pdf
Question 43
Is a relief which the law grants on the premise that the contract is valid for the protection of one of the contracting
parties and third persons from all injury and damage the contract may cause, or to protect some incompatible and
preferential right created by the contract.
Response: Rescission
Question 44
S sold to B a parcel of land for Php1 million. B paid S Php1 million in fake bills. The sale is
Response: Valid sale because of valid cause of Php1 million price and the particular motives of the parties in
entering into contract are different from the cause thereof.
Question 45
Contracts take effect only between the contracting parties, their assigns and heirs, except in cases where the
obligations and rights arising from the contract are not transmissible by their nature, or by stipulation or provision
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Question 46
D borrowed P500,000.00 from C. D died without having paid his loan obligation to C. He left S, his son and heir,
properties worth P400,000.00
Question 47
The contract may be said to have been fully executed when there is:
Response: Consummation
Question 48
The fulfillment of the contract is dependent upon chance
Response: Aleatory
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Question 1
The fulfillment of the contract is dependent upon chance
Response: Aleatory
Question 2
Three of the following are essential elements of a contract, except
Question 3
The intent of the parties to an instrument is "embodied in the writing itself, and when the words are
clear and unambigiguous the intent is to be discovered only from the express language of the
agreement."
Question 4
A consensual contract has the following essential elements:
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Response: consent of the contracting parties, object certain and cause or consideration.
Question 5
I. In granting reformation, the remedy in equity is not making a new contract for the parties, but
establishing and perpetuating the real contract between the parties.
II. In reforming instruments, courts do not make another contract for the parties. They merely inquire
into the intention of the parties and, having found it, reform the written instrument (not the contract) in
order that it may express ther real intention of the parties.
Question 6
X (insurer) issued to Y (Taxicab Company) a common carrier accident policy. The heirs of T, a driver
of one of the vehicles covered by the policy, who was killed brought action against X to collect the
proceeds of said policy in view of the failure of X and Y to agree with respect to the amount to be paid
to said heirs.
X claims that the heirs had no cause of action as they had no contrac- tual relation with T.
Issue: Does the policy in question belong to contracts pour autrui?
Response: YES. The policy is a contract pour autrui, meaning it benefits a third party even if they are
not a direct party to the contract. Article 1311 of the Civil Code allows a third party to demand
fulfillment if the contracting parties intended to confer a benefit on them. In this case, the insurance
policy issued by X (the insurer) to Y (Taxicab company) is a contract pour autrui. It covers Y for
liability arising from the death or injury of passengers including the driver. If the driver dies, the insurer
will indemnify the driver’s personal representatives, including the heirs, and may pay indemnity
directly to them.
The policy clearly intends to benefit the driver’s heirs, fulfilling the requirements of contracts pour
autrui. Since the driver contributed to the premiums, the heirs have a direct cause of action against the
insurer. Therefore, the heirs are entitled to enforce the policy and collect proceeds. X’s failure to
recognize this cause of action is erroneous, at the policy was intended to benefit the heirs in case of the
driver’s death.
Question 7
For failure of A (agent) to return the P1,000.00 which P (prin- cipal) gave to A for the purchase of
palay, within 10 days, if not spent for said purpose, P accused A of estafa. Later, P agreed to the
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dismissal of the estafa case in consideration of the execution by A of a promissory note for the amount
involved. A still failed to pay the note.
P brought action for the recovery of P1,000.00. A contends that the note is void because the
consideration is the dismissal of the estafa case.
Issue: Is the contention of A tenable?
Response: NO. A’s argument is not tenable. The parties entered into a valid compromise agreement to
settle their dispute per Article 2028 of the Civil Code. P had filed an estafa case against A for failing to
return the agreed-upon money. To resolve the matter, the parties executed a settlement, wherein A
signed a promissory note in favor of P, and P agreed t dismiss the estafa case. The consideration for the
promissory note was the dismissal of the criminal case, which is legally valid under Article 1352 of the
Civil Code. A contract is void only if its cause is unlawful, but here, the cause - settling the criminal
dispute - is entirely lawful. The compromise was made in good faith to avoid prolonged litigation,
thereby validating the consideration for the note. Furthermore, Article 2041 provides that if one party
fails to perform under the compromise, the other may either enforce the agreement or revert to the
original claim. Since A has failed to pay the amount specified in the promissory note, P is entitled to
either enforce the settlement or pursue the original claim for Php1,000.
Question 8
D borrowed P500,000.00 from C. D died without having paid his loan obligation to C. He left S, his
son and heir, properties worth P400,000.00
Question 9
Is a relief which the law grants on the premise that the contract is valid for the protection of one of the
contracting parties and third persons from all injury and damage the contract may cause, or to protect
some incompatible and preferential right created by the contract.
Response: Rescission
Question 10
A contract that does not have any special name under the law is known as:
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Question 11
___________________ is descriptive of statutes which require certain classes of contracts to be in
writing.
Question 12
They refer to particular stipulations of the parties in a contract.
Question 13
I. In reformation of contracts, what is reformed is not the contract itself, but the instrument embodying
the contract.
II. In an instrument embodying a contract where both parties committed mutual mistake which caused
the failure of the instrument to disclose their real agreement, said instrument may be reformed.
Question 14
There shall be no reformation in the following cases, except:
Question 15
Which of the following is not a real contract?
Response: Sale
Question 16
Is a remedy in equity whereby a written instrument is made or construed so as to express or conform to
the real intention of the parties where some error or mistake has been committed.
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Response: Reformation
Question 17
In order that an action for reformation of instrument may prosper, the following requisites must concur,
except:
Response: There must have been no meeting of the minds of the parties to the contract.
Question 18
I. Reformation may be ordered at the instance of either party of his successors in interest, if the mistake
was mutual; otherwise, upon the petition of the injured party, or his heirs and assigns.
II. When one of the parties has brought an action to enforce the instrument, he cannot subsequently ask
for reformation.
Question 19
Antonio entered into a contract with Barbiran to teach Barbiran French Language starting January 1,
2020. Antonio died on November 28, 2019. Is Antonino, the son of Antonio obliged to teach Barbiran
French Language?
Response: No, the contract between Antonio and Barbiran is personal in nature and are not
transmissible.
Question 20
I. S sold to B in a private instrument his land. Later, B wanted to have the sale registered but
registration requires a public instrument. In here, B may compel S to execute the needed public
instrument.
II. S sold to B orally his land. After B paid S, he wanted to register the land in his name but he needed a
public instrument of sale. In here, B may compel S to execute the needed public instrument.
Question 21
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A contract in which a person literally contracts with himself is
Question 22
Mr. Bean offered in writing to sell his home and lot for P750,000 to Mr. Teddy on November 18, 2019.
Mr. Teddy requested Mr. Bean to give him 60 days within which to raise the P750,000. On January 17,
2020, Mr. Bean informed Mr. Teddy that the price is raised ad now at P1,000,000. Can Mr. Teddy
compel Mr. Bean to sell house and lot at P750,000 which was offered in writing by Mr. Bean
Response: No, because Mr. Teddy has not accepted the offer of Mr. Bean.
Question 23
The contract must bind both contracting parties, its validity or compliance cannot be left to the will of
one of them. This is known as the principle of:
Question 24
Argus won in jueteng. Since there is not enough money yet to pay his winnings, Tigreal, the event
organizer, executed a promissory note in their favor. Argus then indorsed the note to Diggie. Which
statement is correct?
Response: None of them can recover because the note is void. Just as the payee cannot recover, so also
cannot the indorsee.
Question 25
The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem
convenient provided they are not contrary to law, morals, good customs, public order or public policy.
This is known as the principle of:
Question 26
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Which of the following contracts is not required to appear in a public document?
Question 27
A "Deed of Donation Inter Vivos" was executed by X. it named as donees her grandchildren, namely:
A, B and C. X, however, retained the owner's duplicate copy of the new title, as well as the property
itself, until she transferred the same 10 years later.
On March 12, 1987, X drew up a deed of revocation of the donation. Then, she filed a petition for
cancellation of the new title and the reinstatement of the old title. her petition was founded on the
theory that the donation to her 3 grandchildren was one "mortis causa" which thus had to comply with
the formalities of a will, and since it had not, the donation was void.
The donees (X's grandchildren) opposed the petition. In their opposition, they averred that the donation
in their favor was one inter vivos, hence, valid.
Response: The donation in question, though denominated inter vivos, is in truth mortis causa because
in case of doubt relative to a gratuitous contract, the construction must be that entailing "the least
transmission of rights and interests."
Question 28
The stages of a contract according to the order of their occurrence are
Question 29
An innominate contract which means “I do that you may give.”
Question 30
Contracts entered into during lucid interval are
Response: valid
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Question 31
Adam, a Municipal mayor and Bert, his brother and campaign manager in the recent election, entered
into an agreement that if Adam dies while mayor of their town, Bert will serve as his successor. The
contract was reduced in writing.
Response: Void. A public office is outside the commerce of man. It cannot be the subject of any
contract.
Question 32
The warranty against hidden defects in a contract of sale is an example of:
Question 33
Arbie, without authority from Bea, sold the latter's car in the name of the latter. The contract is
therefore____________.
Response: unenforceable
Question 34
For a consideration, X attached his motorcycle with complete accessories and sidecar to the
transportation line of Y who had the franchise so much so that in the registration certificate, Y appeared
to be the owner.
X failed to claim any insurance indemnity for damages arising from accidents in which the motorcycle
figured because of the failure of Y to comply with his obligation to register the motorcycle.
Issue: Is X entitled to relief from the court?
Response: YES. X is entitled to seek relief from the court for the losses incurred. The contract between
X and Y is valid, as evidence by the consideration involved. X permitted Y to use his motorcycle (plus
its accessories and sidecar) for Y’s transportation business, which implies a reciprocal benefit for X.
The responsibility for registering the motorcycle was clearly placed on Y, as the registration certificate
lists him as the owner. However, his failure to register the motorcycle cause X to lose the opportunity to
claim insurance for accident-related damages. Since Y did not perform this essential task, it amounts to
a breach of his obligation. Article 1167 of the Civil Code provides that when a party fails to perform
their duty, the non-performing party is liable for the costs. In this case, X is entitled to demand that Y
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fulfill his obligation, or, since the task cannot be completed by someone else, seek compensation for the
financial loss caused by Y’s failure to act.
Question 35
A solemn or formal contract has the following essential elements:
Response: consent of the contracting parties, object certain and cause or consideration and formalities
required by law.
Question 36
The period when the minds of the seller and the buyer have met on the subject matter and cause of the
interest is -
Question 37
Y entered into a contract of mortgage with X. T, the clerk typed the document. Due to T's negligence,
the document made was that of the sale instead of mortgage.
Question 38
One of the following is a natural element of a sales contract.
Question 39
Which of the following is not a valid stage of a contract?
Response: Introduction
Question 40
Is that remedy in equity by means of which a written instrument is made or construed so as to express
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or conform to the real intention of the parties.
Response: Reformation
Question 41
Contracts take effect only between the contracting parties, their assigns and heirs, except in cases where
the obligations and rights arising from the contract are not transmissible by their nature, or by
stipulation or provision of law. This principle of contract is known as:
Question 42
A contract where both parties are required to do or give something is known as a:
Question 43
Statement No. 1: 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 annulment of the
instrument.
Statement No. 2: The statement of false cause in contracts shall render them void, if it should not be
proven that they were founded upon another caused which is true and lawful.
Question 44
A contract that can stand by itself is known as:
Question 45
Salud enters into a contract to sell one (1) hectare of land to Bacolod and agreed to have the price to be
determined by Agan, a real estate appraiser. Which of the following statements is false?
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Response: The recommended price of Agan is obligatory on both parties even if it is manifestly
inequitable.
Question 46
S sold to B a parcel of land for Php1 million. B paid S Php1 million in fake bills. The sale is
Response: Valid sale because of valid cause of Php1 million price and the particular motives of the
parties in entering into contract are different from the cause thereof.
Question 47
D owes C P500. However, C’s right has already prescribed. Not withstanding the knowledge of this
fact, D paid the amount. Realizing this mistake, D wants to recover the amount he paid.
Question 48
In order that an action for reformation of instrument may prosper, the following requisites must concur:
I) there must have been meeting of the minds of the parties to the contract; II) the instrument does not
express the true intention of the parties; and III) the failure of the instrument to express the true
intention of the parties is due to mistake, fraud, inequitable conduct or accident.
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Question 1
S makes an offer to B on December 1, 2020. B makes known his acceptance in a letter sent December 2, 2020 and
received by S December 5, 2020. Meantime, on December 3, 2020, S became insane.
Question 2
I. A contract that violates the Constitution and the law, is null and void and vests no rights and creates no
obligation.
II. Equity as a rule will follow the law and will not permit that to be done indirectly which, because of public
policy, cannot be done directly.
Question 3
A and B orally agreed that A would sell and B would buy A's laptop for Php30,000 two years from the date of the
agreement. At the end of two years, A refused to hand over the laptop although B was willing to pay. Is A bound to
deliver the laptop sold?
Question 4
Which of the following contract is voidable?
Response: Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.
Question 5
Because A wants to sell his land to B but the latter does not want to buy the same, A forced B to buy his land. The
contract is
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Question 6
The stipulation in a contract to the effect that the debtor should remain as a servant in the house and in the service
of her creditor so long as she had not paid her debt is void because it is______________________.
Question 7
The following successive measures must be taken by a creditor before he may bring an action for rescission of an
allegedly fraudulent sale, except:
Question 8
In equal fault means _______________.
Question 9
A person, usually a minor, who is under a guardian's charge or protection.
Response: Ward
Question 10
G was appointed guardian of S, the latter being only 16 years old. S sold his parcel of land in writing to B valued at
Php100,000 for Php75,000 suffering lesion by 1/4 of the value. What is the status of the contract?
Response: Voidable
Question 11
I. The purpose of the Statute of Frauds is to prevent the fraud and perjury in the enforcement of obligations
depending for their evidence on the unassisted memory of witnesses, by requiring certain enumerated contracts and
transactions to be evidenced by a writing signed by the party to be charged.
II. The Statute of Frauds is applicable only to executed contracts.
Question 12
The following contracts are inexistent from the beginning, except
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Question 13
I. Parties to a void agreement cannot expect the aid of law; the courts leave them as they are, because they are
deemed "in pari delicto" or in equal fault.
II. No damages may be recovered on the basis of a void contract; being non-existent, the agreement produces no
juridical tie between the parties involved.
Question 14
In three of the following, the transaction is void. Which is the exception?
Question 15
The following contracts are unenforceable, except:
Question 16
The following are the exceptions that permit the return of that which may have been given under a void contract to,
except:
Question 17
A and B, who are both unemancipated minors entered into a contract. The contract entered into by and between
them is:
Response: Voidable
Question 18
The following are the requisites for action to rescind contracts in fraud of creditors, except:
Response: The creditor has other legal remedy to satisfy his claim.
Question 19
Is a relief which the law grants on the premise that the contract is valid for the protection of one of the contracting
parties and third persons from all injury and damage the contract may cause, or to protect some incompatible and
preferential right created by the contract.
Response: Rescission
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Question 20
I. One of the characteristics of a voidable contract is that it produces no effect.
II. A void contract is as if it has never been entered into and cannot be validated either by the passage of time or by
ratification.
Question 21
There is a colorable contract but without any substance, because the parties have no intention to be bound by it.
Question 22
A valid contract that, because of some technical defect, cannot be fully enforced.
Question 23
D forced C to execute a promissory note.
Question 24
I. That a contract void at inception can be validated by ratification or prescription and certainly can be binding or
enforceable.
II. Once the disputed deed is found to be inexistent and void, the statute of limitations can apply.
Question 25
Which is not an exception in the rule "lesion or inadequacy of cause shall not invalidate a contract."
Question 26
S sold to B a parcel of land for Php1 million. B paid S Php1 million in fake bills. The sale is
Response: Valid sale because of valid cause of Php1 million price and the particular motives of the parties in
entering into contract are different from the cause thereof.
Question 27
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Response: Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.
Question 28
I. S sold to B in a private instrument his land. Later, B wanted to have the sale registered but registration requires a
public instrument. In here, B may compel S to execute the needed public instrument.
II. S sold to B orally his land. After B paid S, he wanted to register the land in his name but he needed a public
instrument of sale. In here, B may compel S to execute the needed public instrument.
Question 29
G was appointed as the guardian of W who owns a parcel of land valued at Php1 million. W sold the land only for
Php700,000 to X. The contract was defective because:
Response: voidable
Question 30
Contracts entered into during lucid interval are
Response: valid
Question 31
Which one of the following constitutes fraud?
Question 32
Those entered into in the name of another person by one who has been given no authority or legal representation,
or who has acted beyond his powers.
Question 33
A made a donation to B. Later, A contracted several debts. What A has left as assets are much less than his present
liabilities. May the donation be rescinded?
Response: No, because the debts were incurred after the donation.
Question 34
I. Where one of the parties to an illegal contract is incapable of giving consent, the courts may, if the interest of
justice so demands, allow recovery of money or property delivered by the incapacitated person.
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II. When the price of any article or commodity is determined by statute, or by authority of law, any person paying
any amount in excess of the maximum price allowed may not recover such excess.
Question 35
I. The Statute of Frauds provides that a contract for the sale of real property or of an interest therein shall be
unenforceable unless the sale or some note or memorandum thereof is in writing and subscribed by the party or his
agent.
II. The setting up of boundaries, the oral partition of real property, and an agreement creating a right of way are
covered by the provisions of the Statute of Frauds.
Question 36
The following are defective contracts, except:
Question 37
Arbie borrowed money from Bea with Cassie as guarantor. The contract of loan of P1 million was not in writing
while the guaranty was written. Bea now is demanding payment from Cassie because Arbie failed to pay. Is Cassie
liable?
Response: Cassie is not liable because the contract of loan is in amount exceeding P500.00 which must be in
writing to be enforceable.
Question 38
On June 20, 2013, Arbie and Bea agreed verbally to form a partnership on June 25, 2015.
Question 39
X alleged that Y promised to give him one hectare of land. This is in consideration of X's meritorious services to Y.
Y pleads in defense that since the promise was not in writing, it is unenforceable under the Statute of Frauds.
Decide.
Question 40
These contracts are existent, valid and binding, although they can be annulled because of want of capacity or
vitiated consent of one of the parties, but before annulment, they are effective and obligatory between parties.
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Question 41
I. Third persons can attack the validity of unenforceable contracts.
II. When the law requires that a contract be in some form in order that it may be valid or enforceable, or that a
contract be proved in a certain way, that requirement is absolute and indispensable.
Question 42
The act or means by virtue of which efficacy is given to a contract which suffers from a vice of curable nullity.
Response: Ratification
Question 43
This means bringing the parties back to their original status prior to the inception of the contract.
Question 44
A and B entered into an oral sale of the former's car for Php1 million which amount has been credited to his bank
account although the car has not yet been delivered to the latter. Can B compel A to execute the deed of sale of the
car?
Question 45
They refer to particular stipulations of the parties in a contract.
Question 46
I. A right of first refusal is among those listed as unenforceable under the Statute of Frauds.
II. In a contract where both parties are incapable of giving consent, express or implied ratification by the parent or
guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only one
of them were incapacitated.
Question 47
I. By its very nature, annulment contemplates a contract which is void, that is valid until annulled.
II. A contract which is the direct result of the previous illegal contract, is also void and inexistent.
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Question 48
I. The legal consequence of non-compliance with the Statute does not come into play where the contract is
completed, executed, or partially consummated.
II. If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract
shall be validated from the inception.
Question 49
Sometime in 1996, S sold a lot to B, but no formal deed was executed to document the sale. The contract price was
apprently payable in installments as B remitted from time to time and S accepted the partial payments. S agreed to
execute a final deed of sale upon full payment of the purchase price. As early as 1979, however, B and her sons, X
and Y, were already occupying the subject lot and even constructed their house thereon.
After the death of S, his son Z, continued accepting payments from B, X and Y. Despite all those payments made
for the subject lot, Z later sold it to Q. Subsequently Q sold to M and N the subject lot for P80,000. M and N, in
turn, ceded the subject lot to V through a Deed of Absolute Sale.
Sometime in May 2000, V through his lawyer, sent a letter addressed to the residence of Z demanding that all
persons residing on or physically occupying the subject lot vacate the premises of face the prospect of being
ejected. Learning of V's threat, B, X and Y went to the residence of Z. There, they met Z's estranged wife, T, who
informed them about her having filed an affidavit complaint against her husband and M and N for falsification of
public documents on March 30, 2000. According to T, her signature on the June 30, 1999 Z-Q deed of sale was a
forgery.
Is the sale of the subject lot by S to B unenforceable under the Statute of Frauds?
Response: No. Owing thus to its partial execution, the subject sale is no longer within the purview of the Statute of
Frauds.
Question 50
S sold to B a cellphone on June 3, 2020. On July 1, 2020, B discovered that the cellphone he bought from A was an
imitation. The law provides that he can annul the sale as a voidable contract within four years. Prescription starts
from:
Question 51
Is a remedy granted by law to the contracting parties and even to third persons, to secure the reparation of damages
caused to them by a contract, even if this would be valid, by restoration of things to their condition at the moment
prior to the celebration of the contract.
Response: Rescission
Question 52
___________________ is descriptive of statutes which require certain classes of contracts to be in writing.
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Question 53
I. Stipulations authorizing the imposition of iniquitous or unconscionable interest are contrary to morals, if not
against the law.
II. Simulation of a contract may either be absolute or relative.
Question 54
The following are attributes of a voidable contract. Which is not?
Question 55
I. In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be
enforced.
II. The rule is that an excessive loan transaction is a complete nullity and defective also with respect to the agreed
interest.
Question 56
____________________ is one which has no force and effect from the very beginning.
Question 57
As a rule, which contracts of sale is void?
Question 58
S orally sold to B a parcel of land for which the latter paid Php1 million. B now wants to register the sale so that he
can have a Transfer Certificate of Title in his name. Decide.
Response: S can be compelled to execute the public document of sale because the sale is enforceable.
Question 59
Parties to a void agreement cannot expect the aid of the law; the courts leave them as they are.
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Question 60
S orally leased to B his parcel of land for a term of two years. The contract is _________________.
Response: unenforceable
Question 61
I. An excessive stipulated interest rate may be void for being contrary to public policy, an action to annul said
interest rate does not prescribe.
II. In case of a void sale, the seller has no right whatsoever to keep the money paid by virtue thereof and should
refund it, with interest rate at the legal rate, computed from the date of filing of the complaint until fully paid.
Question 62
The parties state a false cause in the contract to conceal their real agreement.
Question 63
The requisites of ratification are the following, except:
Response: The reason which renders the contract voidable should have not disappeared.
Question 64
The action to rescind contracts in fraud of creditors.
Question 65
A sold to B a genuine bottle of brand "X" wine. However, upon delivery, the former substituted a fake. B now
wants to annul the sale. Decide.
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Question 1
An innominate contract which means “I do that you may give.”
Question 2
Is the determination of the meaning attached to the words written or spoken whcih makes the contract.
Response: Interpretation
Question 3
In three of the following, the transaction is void. Which is the exception?
Question 4
S sold to B a parcel of land for Php1 million. B paid S Php1 million in fake bills. The sale is
Response: Valid sale because of valid cause of Php1 million price and the particular motives of the parties in
entering into contract are different from the cause thereof.
Question 5
Is a relief which the law grants on the premise that the contract is valid for the protection of one of the contracting
parties and third persons from all injury and damage the contract may cause, or to protect some incompatible and
preferential right created by the contract.
Response: Rescission
Question 6
In order that an action for reformation of instrument may prosper, the following requisites must concur: I) there
must have been meeting of the minds of the parties to the contract; II) the instrument does not express the true
intention of the parties; and III) the failure of the instrument to express the true intention of the parties is due to
mistake, fraud, inequitable conduct or accident.
Question 7
On June 20, 2013, Arbie and Bea agreed verbally to form a partnership on June 25, 2015.
Question 8
A valid contract that, because of some technical defect, cannot be fully enforced.
Question 9
The contract may be said to have been fully executed when there is:
Response: Consummation
Question 10
Which of the following is not a valid stage of a contract?
Response: Introduction
Question 11
After the extrajudicial foreclosure by DBP (mortgagee) and sale of the mortgaged lands to it, but within the one (1)
year redemption period, R (mortgagor) entered into a contract with B entitled “Deed of Sale with Assumption of
Mortgage’’ under which R sold the lands to B and the latter assumed the mortgage indebtedness. In another
document, R was given the option to repurchase the property. B took possession of the property, introduced
improvements thereon, and appropriated the produce to himself.
R demanded an accounting of the income of the property, alleging that the true intent of the parties in executing the
contracts in question was to create an equitable mortgage. (see Arts. 1602-1605.)
Issue: What contract was entered into by the parties?
Response: Answer:
The contract entered into by R (mortgagor) and B is an equitable mortgage rather than a true sale with assumption
of mortgage. Under Articles 1602 to 1605 of the Civil Code, certain circumstances indicate that a contract, though
appearing as a sale, is intended merely to secure an obligation. In this case, the presence of these circumstances
supports the conclusion that the agreement between R and B was not an outright transfer of ownership.
First, R retained an option to repurchase the property, which is inconsistent with the concept of an absolute sale.
This demonstrates that the transaction was meant to serve as security for the debt, rather than a final transfer of
ownership. Second, B’s act of taking possession of the property and appropriating its produce without accounting
for it suggests that the possession was incidental to securing the debt, not an act of ownership. Furthermore, the
timing of the transaction within the one-year redemption period after the foreclosure by DBP strongly indicates that
R intended to preserve ownership of the property, and the agreement with B was merely a refinancing arrangement
to fulfill the mortgage obligation.
Legal Basis:
Under Article 1602 of the Civil Code, a contract that appears to be a sale but retains the essential characteristics of
a mortgage—such as the retention of ownership rights or circumstances indicating it is a security arrangement—is
considered an equitable mortgage. Article 1604 further states that these provisions apply even to contracts
purporting to be absolute sales. Therefore, based on these facts and legal principles, the agreement between R and
B is properly classified as an equitable mortgage, and R retains ownership rights subject to the security
arrangement.
Question 12
Salud enters into a contract to sell one (1) hectare of land to Bacolod and agreed to have the price to be determined
by Agan, a real estate appraiser. Which of the following statements is false?
Response: The recommended price of Agan is obligatory on both parties even if it is manifestly inequitable.
Question 13
Is a remedy in equity whereby a written instrument is made or construed so as to express or conform to the real
intention of the parties where some error or mistake has been committed.
Response: Reformation
Question 14
I. S sold to B in a private instrument his land. Later, B wanted to have the sale registered but registration requires a
public instrument. In here, B may compel S to execute the needed public instrument.
II. S sold to B orally his land. After B paid S, he wanted to register the land in his name but he needed a public
instrument of sale. In here, B may compel S to execute the needed public instrument.
Question 15
A contract where both parties are required to do or give something is known as a:
Question 16
Contracts take effect only between the contracting parties, their assigns and heirs, except in cases where the
obligations and rights arising from the contract are not transmissible by their nature, or by stipulation or provision
of law. This principle of contract is known as:
Question 18
The warranty against hidden defects in a contract of sale is an example of:
Question 19
The contract must bind both contracting parties, its validity or compliance cannot be left to the will of one of them.
This is known as the principle of:
Question 20
One of the stipulations contained in the contract between M Company and its employees is that the company shall
pay a bonus to employees of the company who shall continue its employment for at least 2 consecutive years,
unless he quits or is discharged before the expiration of the period of 2 years. X, an employee of the company was
discharged with just one week before the completions if the two-year period.
Response: X is entitled to the bonus because the debtor company has voluntarily prevented the happening of the
condition.
Question 21
A consensual contract has the following essential elements:
Response: consent of the contracting parties, object certain and cause or consideration.
Question 22
The period when the minds of the seller and the buyer have met on the subject matter and cause of the interest is -
Question 23
The intent of the parties to an instrument is "embodied in the writing itself, and when the words are clear and
unambigiguous the intent is to be discovered only from the express language of the agreement."
Question 24
Which of the following contracts is not required to appear in a public document?
Question 25
For failure of A (agent) to return the P1,000.00 which P (prin- cipal) gave to A for the purchase of palay, within 10
days, if not spent for said purpose, P accused A of estafa. Later, P agreed to the dismissal of the estafa case in
consideration of the execution by A of a promissory note for the amount involved. A still failed to pay the note.
P brought action for the recovery of P1,000.00. A contends that the note is void because the consideration is the
dismissal of the estafa case.
Issue: Is the contention of A tenable?
Response: Answer: No, the contention of A is not tenable. The promissory note executed by A in favor of P was a
valid acknowledgment of A’s obligation to return the P1,000. The dismissal of the estafa case cannot be considered
an illegal consideration, as the promissory note serves to memorialize an existing valid debt.
Under Article 1350 of the Civil Code, consideration must be lawful, and in this case, the note is supported by A’s
duty to return the money initially entrusted to him. The agreement to dismiss the criminal case did not vitiate or
invalidate the obligation to pay the amount.
Furthermore, in People v. Solis (1946), the Supreme Court ruled that a promissory note executed as part of a
compromise does not automatically render it void unless there is clear evidence of coercion or illegal stipulation.
Legal Basis:
Article 1350, Civil Code: "In onerous contracts, the cause is understood to be, for each contracting party, the
prestation or promise of a thing or service by the other."
Doctrine of Estoppel: A cannot now claim invalidity of the note after benefiting from the dismissal of the estafa
case.
So, A’s argument that the note is void lacks merit, and P may validly recover the P1,000 through a civil action.
Question 26
A solemn or formal contract has the following essential elements:
Response: consent of the contracting parties, object certain and cause or consideration and formalities required by
law.
Question 27
Which of the following is not a real contract?
Response: Sale
Question 28
Adam, a Municipal mayor and Bert, his brother and campaign manager in the recent election, entered into an
agreement that if Adam dies while mayor of their town, Bert will serve as his successor. The contract was reduced
in writing.
Response: Void. A public office is outside the commerce of man. It cannot be the subject of any contract.
Question 29
D owes C P500. However, C’s right has already prescribed. Not withstanding the knowledge of this fact, D paid the
amount. Realizing this mistake, D wants to recover the amount he paid.
Question 30
I. Reformation may be ordered at the instance of either party of his successors in interest, if the mistake was
mutual; otherwise, upon the petition of the injured party, or his heirs and assigns.
II. When one of the parties has brought an action to enforce the instrument, he cannot subsequently ask for
reformation.
Question 31
A contract that can stand by itself is known as:
Question 32
Mr. Bean offered in writing to sell his home and lot for P750,000 to Mr. Teddy on November 18, 2019. Mr. Teddy
requested Mr. Bean to give him 60 days within which to raise the P750,000. On January 17, 2020, Mr. Bean
informed Mr. Teddy that the price is raised ad now at P1,000,000. Can Mr. Teddy compel Mr. Bean to sell house
and lot at P750,000 which was offered in writing by Mr. Bean
Response: No, because Mr. Teddy has not accepted the offer of Mr. Bean.
Question 33
I. In reformation of contracts, what is reformed is not the contract itself, but the instrument embodying the contract.
II. In an instrument embodying a contract where both parties committed mutual mistake which caused the failure of
the instrument to disclose their real agreement, said instrument may be reformed.
Question 34
Contract with a false cause is
Response: Void
Question 35
Antonio entered into a contract with Barbiran to teach Barbiran French Language starting January 1, 2020. Antonio
died on November 28, 2019. Is Antonino, the son of Antonio obliged to teach Barbiran French Language?
Response: No, the contract between Antonio and Barbiran is personal in nature and are not transmissible.
Question 36
Arbie, without authority from Bea, sold the latter's car in the name of the latter. The contract is
therefore____________.
Response: unenforceable
Question 37
Which of the following instruments is not subject to reformation?
Question 38
In order that an action for reformation of instrument may prosper, the following requisites must concur, except:
Response: There must have been no meeting of the minds of the parties to the contract.
Question 39
A contract where the parties contemplate a real fulfillment, hence, equivalent values are given is known as:
Question 40
D is indebted to C in the sum of P10,000. For the purpose of avoiding the claims of C, D donated all his properties
worth the same amount to X.
Question 41
For a consideration, X attached his motorcycle with complete accessories and sidecar to the transportation line of Y
who had the franchise so much so that in the registration certificate, Y appeared to be the owner.
X failed to claim any insurance indemnity for damages arising from accidents in which the motorcycle figured
because of the failure of Y to comply with his obligation to register the motorcycle.
Issue: Is X entitled to relief from the court?
Response: Answer: Yes, X may be entitled to relief under the principle of quasi-delict (Article 2176 of the Civil
Code) or contractual negligence. Y, who had an obligation to register the motorcycle as part of the agreement,
failed to perform his duty. This breach of obligation directly caused X’s inability to claim insurance indemnity.
Even though Y appeared as the registered owner, the underlying agreement between X and Y makes Y accountable
for any loss resulting from his failure to fulfill his obligations. The court may grant relief to X by compelling Y to
indemnify him for the damages caused by this breach.
Legal Basis:
Article 1170, Civil Code: "Those who in the performance of their obligations are guilty of fraud, negligence, or
delay, and those who in any manner contravene the tenor thereof, are liable for damages."
Article 2176, Civil Code: A quasi-delict arises when an act or omission causes damage to another, even without
contractual relations.
Relevant Jurisprudence: In cases where a party's negligence affects the fulfillment of a contract or an agreement,
they can be held liable for damages arising from their breach of obligation.
Y’s failure to comply with his duty under the agreement makes him liable to X for any resulting losses.
Question 42
One of the following is a natural element of a sales contract.
Question 43
A and B entered into a contract of mortgage. However, as written the document states it is a contract of sale with
right of repurchase, the error due to the fault of the clerk. Hence,
Response: The instrument may be reformed because it does not express the true agreement of the parties.
Question 44
A real contract has the following essential elements:
Response: consent of the contracting parties, object certain, cause or consideration and delivery of the object.
Question 45
D borrowed P500,000.00 from C. D died without having paid his loan obligation to C. He left S, his son and heir,
properties worth P400,000.00
Question 46
Is the act of making intelligible what was before not understood, ambiguous, or not obvious.
Response: Interpretation
Question 47
A contract in which a person literally contracts with himself is
Question 48
They refer to particular stipulations of the parties in a contract.
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Question 1
A contract in which a person literally contracts with himself is
Question 2
The following are the elements to consider in determining the degree of intimidation, except
Question 3
These contracts are existent, valid and binding although they can be annulled because of want of
capacity or vitiated consent of one of the parties, but before annulment, they are effective and
obligatory between parties.
Response: Voidable
Question 4
Those contracts which are perfected by the mere agreement of the parties.
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Response: Consensual
Question 5
There is no contract unless the following requisites concur, except:
Question 6
Is a contract whereby almost all of its provisions are drafted by one party.
Question 7
I. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the
essential requisites for their validity are present.
II. When, however, the law requires that a contract be in some form for it to be valid or enforceable,
that requirement must be complied with.
Question 8
Is the act of making intelligible what was before not understood, ambiguous, or not obvious.
Response: Interpretation
Question 9
The following are the persons incapacitated to give consent, except:
Question 10
The following are the requisites of causal fraud, except:
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Response: It must not be serious.
Question 11
A contract that does not have any special name under the law is known as:
Question 12
The exceptions in relativity of contracts are the following, except:
Question 13
It is the why of the contract or the essential reason which moves the contracting parties to enter into the
contract.
Response: Cause
Question 14
Is a contract granting a privilege to buy or sell at a determined price within an agreed time.
Question 15
Those which are perfected by the mere agreement of the parties.
Response: Consensual
Question 16
Is a contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to
one already commenced.
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Question 17
Those which can exist only as a consequence of, or in relation with, another prior contract.
Response: Accessory
Question 18
One of the following are circumstances to be considered in case of undue influence:
Question 19
It is a meeting of minds between two persons whereby one binds himself, with respect to the other, to
give something or to render some service.
Response: Contract
Question 20
Contracts which must be in the form provided by the law for their perfection
Question 21
The exceptional cases to the principle of relativity of contracts are the following, except:
Question 22
Those in which each of the parties aspires to procure for himself a benefit through the giving of an
equivalent or compensation.
Response: Onerous
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Question 23
The contract must bind both contracting parties, its validity or compliance cannot be left to the will of
one of them. This is known as the principle of:
Question 24
A contract is in the stage of conception when?
Question 25
X offers to sell his house to Y for P1M. Y requested if he would accept P995,000. Which of the
following is correct?
Response: Y's response is a mere request, hence, the offer is still effective.
Question 26
The requisites of intimidation are the following, except:
Question 27
Those which give rise to an obligation for only one of the parties.
Response: Unilateral
Question 28
Is a unilateral proposition made by one party to another for the celebration of a contract.
Response: offer
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Question 29
Contract with a false cause is
Response: Void
Question 30
Those which can subsist independently from other contracts and whose purpose can be fulfilled by
themselves.
Response: Principal
Question 31
X, a former government employee, suffered from severe paranoia and was confined in the mental
hospital in 2001. After his release, he was placed under the guardianship of his wife to enable him to
get his retirement pay. In 2004, he became a mining prospector and sold mining claims. In 2007, he
sued to annul the sale claiming that he was not mentally capacitated at the time of sale. The sale in
question was:
Response: Valid
Question 32
Three of the following are essential elements of a contract, except
Question 33
Are those which are derived from the nature of the contract and ordinarily accompany the same.
Question 34
A contract that can stand by itself is known as:
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Response: principal contract
Question 35
Which is not an exception in the rule "lesion or inadequacy of cause shall not invalidate a contract."
Question 36
A real contract has the following essential elements:
Response: consent of the contracting parties, object certain, cause or consideration and delivery of the
object.
Question 37
This refers to a qualified acceptance.
Response: Counter-offer
Question 38
When one of the contracting parties is compelled by a reasonable and well-grounded fear of an
imminent and grave evil upon his person or property, or upon the person or property of his spouse,
descendants or ascendants, to give his consent.
Response: Intimidation
Question 39
A contract where the parties contemplate a real fulfillment, hence, equivalent values are given is known
as:
Question 40
Elements that accompany certain contracts unless set aside or suppressed by the parties are known as:
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Response: natural elements.
Question 41
Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause
which are to constitute the contract. Which of the following constitute an offer?
Question 42
Any third person who induces another to violate his contract shall be liable for damages to the other
contracting party.
Question 43
Elements without which there cannot be a contract.
Question 44
Salud enters into a contract to sell one (1) hectare of land to Bacolod and agreed to have the price to be
determined by Agan, a real estate appraiser. Which of the following statements is false?
Response: The recommended price of Agan is obligatory on both parties even if it is manifestly
inequitable.
Question 45
Adam, a Municipal mayor and Bert, his brother and campaign manager in the recent election, entered
into an agreement that if Adam dies while mayor of their town, Bert will serve as his successor. The
contract was reduced in writing.
Response: Void. A public office is outside the commerce of man. It cannot be the subject of any
contract.
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Question 46
D borrowed P500,000.00 from C. D died without having paid his loan obligation to C. He left S, his
son and heir, properties worth P400,000.00
Question 47
S sold to B a parcel of land for Php1 million. B paid S Php1 million in fake bills. The sale is
Response: Valid sale because of valid cause of Php1 million price and the particular motives of the
parties in entering into contract are different from the cause thereof.
Question 48
Those which have their own individuality and are regulated by special provisions of law.
Response: Nominate
Question 49
A consensual contract has the following essential elements:
Response: consent of the contracting parties, object certain and cause or consideration.
Question 50
Those which give rise to reciprocal obligations for both parties.
Response: Bilateral
Question 51
An imperfect promise which is merely an offer.
Response: Policitacion
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Question 52
Those which have for their object the establishment of a condition in law which is necessary as a
preliminary step towards the celebration of another subsequent contract.
Response: Preparatory
Question 53
I. Once the minds of the contracting parties meet, a valid contract exists, whether it is reduced to
writing or not.
II. When the terms of an agreement have been reduced to writing, it is considered as containing all the
terms agreed upon.
Question 54
The following are the rules in innominate contract, except:
Question 55
Is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to
constitute the contract.
Response: Consent
Question 56
I. Formalities intended for greater efficacy or convenience or to bind third persons, if not done, would
adversely affect the validity or enforceability of the contract between the contracting parties
themselves.
II. When the form required is for validity, its non-observance renders the contract void and of no effect.
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Question 57
The period when the minds of the seller and the buyer have met on the subject matter and cause of the
interest is -
Question 58
These elements are those without which there can be no contract.
Question 59
Are those which exist only when the parties expressly provide for them for the purpose of limiting or
modifying the normal effects of the contract.
Question 60
Those contracts which require not only the consent of the parties for their perfection, but also the
delivery of the object by any one of the party to the other.
Response: Real
Question 61
The contract may be said to have been fully executed when there is:
Response: Consummation
Question 62
In order that an action for reformation of instrument may prosper, the following requisites must concur,
except:
Response: There must have been no meeting of the minds of the parties to the contract.
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Question 63
A "misunderstanding of the meaning or implication of something" or "a wrong action or statement
proceeding from a faulty judgment.
Response: Mistake
Question 64
They refer to particular stipulations of the parties in a contract.
Question 65
Contracts take effect only between the parties, their assigns and heirs, except in case where the rights
and obligations arising from the contract are not transmissible by their nature, or by stipulation or by
provision of law.
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Question 1
I. Once the minds of the contracting parties meet, a valid contract exists, whether it is reduced to writing or not.
II. When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed
upon.
Question 2
A "misunderstanding of the meaning or implication of something" or "a wrong action or statement proceeding from
a faulty judgment.
Response: Mistake
Question 3
The exceptional cases to the principle of relativity of contracts are the following, except:
Question 4
A deception used by one party prior to or simultaneous with the contract, in order to secure the consent of the other.
Needless to say, the deceit employed must be serious.
Question 5
Those which give rise to reciprocal obligations for both parties.
Response: Bilateral
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Question 6
Those which require not only the consent of the parties for their perfection, but also the delivery of the object by
any one of the party to the other.
Response: Real
Question 7
Contracts are effective and binding only between the parties, their assigns and heirs. Three of the following
enumerations are exceptions as provided by law. Which does not belong to the exception?
Response: Where one of the parties to the contract dies and thereafter a suit is filed on the basis of the contract.
Question 8
S sold to B a parcel of land for Php1 million. B paid S Php1 million in fake bills. The sale is
Question 9
The following are the requisites of causal fraud, except:
Question 10
Is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute
the contract.
Response: Consent
Question 11
Is any means employed upon a party which, under the circumstances, he could not well resist and which controlled
his volition and induced him to give his consent to the contract, which otherwise he would not have entered into.
Question 12
Any third person who induces another to violate his contract shall be liable for damages to the other contracting
party.
Question 13
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When a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable
freedom of choice.
Question 14
Those which lack individuality and are not regulated by special provisions of law.
Response: Innominate
Question 15
A consensual contract has the following essential elements:
Response: consent of the contracting parties, object certain and cause or consideration.
Question 16
Those which are perfected by the mere agreement of the parties.
Response: Consensual
Question 17
I. If the law requires a document or other special form, the contracting parties may compel each other to observe
that form, once the contract has been perfected.
II. Although a conveyance of land is not made in a public document, it does not affect the validity of such
conveyance.
Question 18
The following are the stages in the life of a contract, except:
Question 19
I. Formalities intended for greater efficacy or convenience or to bind third persons, if not done, would adversely
affect the validity or enforceability of the contract between the contracting parties themselves.
II. When the form required is for validity, its non-observance renders the contract void and of no effect.
Question 20
Contracts which must be in the form provided by the law for their perfection
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Question 21
The period when the minds of the seller and the buyer have met on the subject matter and cause of the interest is -
Question 22
Adam, a Municipal mayor and Bert, his brother and campaign manager in the recent election, entered into an
agreement that if Adam dies while mayor of their town, Bert will serve as his successor. The contract was reduced
in writing.
Response: Void. A public office is outside the commerce of man. It cannot be the subject of any contract.
Question 23
The stages of a contract according to the order of their occurrence are
Question 24
That which is not serious in character and without which the other party would have entered into the contrary
anyway.
Question 25
Which is not an exception in the rule "lesion or inadequacy of cause shall not invalidate a contract."
Question 26
Which of the following is not a real contract?
Response: Sale
Question 27
When one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave
evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give
his consent.
Response: Intimidation
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Question 28
Contract with a false cause is
Response: Void
Question 29
A contract where both parties are required to do or give something is known as a:
Question 30
Those in which each of the parties aspires to procure for himself a benefit through the giving of an equivalent or
compensation.
Response: Onerous
Question 31
Antonio entered into a contract with Barbiran to teach Barbiran French Language starting January 1, 2020. Antonio
died on November 28, 2019. Is Antonino, the son of Antonio obliged to teach Barbiran French Language?
Response: No, the contract between Antonio and Barbiran is personal in nature and are not transmissible.
Question 32
I. Contracts are law between the parties, and they are bound by its stipulations.
II. It is a rule that a contract freely entered between the parties should be respected, since a contract is the law
between the parties.
Question 33
These contracts are existent, valid and binding although they can be annulled because of want of capacity or
vitiated consent of one of the parties, but before annulment, they are effective and obligatory between parties.
Response: Voidable
Question 34
An imperfect promise which is merely an offer.
Response: Policitacion
Question 35
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Question 36
Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and
obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law.
Question 37
The contract must bind both contracting parties, its validity or compliance cannot be left to the will of one of them.
This is known as the principle of:
Question 38
The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient
provided they are not contrary to law, morals, good customs, public order or public policy. This is known as the
principle of:
Question 39
The following are the so-called vices of consent, except:
Question 40
The exceptions in relativity of contracts are the following, except:
Question 41
This refers to a qualified acceptance.
Response: Counter-offer
Question 42
D borrowed a sum of money from C with a certain rate of interest. C now wants to increase the rate of interest
without the consent of D. What principle in contracts prohibits C from doing so?
Question 43
One of the following are circumstances to be considered in case of undue influence:
Question 44
The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them.
Question 45
The elements of tort interference are the following, except:
Question 46
X offered to sell his house to Y for P100,000. Y asks him if he would accept P80,000. Which of the following is
correct?
Response: Y's response is a mere inquiry, the P100,000 offer by X is still there.
Question 47
An instrument authenticated by a notary public or a competent public official with the formalities required by law.
Question 48
Is a unilateral proposition made by one party to another for the celebration of a contract.
Response: offer
Question 49
An innominate contract which means “I do that you may give.”
Question 50
Those where each of the parties has to account the acquisition of an equivalent of his prestation, but such
equivalent, although pecuniarily appreciable, is not yet determined, at the moment of the celebration of the
contract, since it depends upon the happening of an uncertain event, thus charging the parties with the risk of loss
or gain.
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Response: Aleatory
Question 51
Is a contract whereby almost all of its provisions are drafted by one party.
Question 52
One of the following is a natural element of a sales contract.
Question 53
Begins from the prospective contracting parties manifest their interest in the contract and ends at the moment of
agreement of the parties.
Response: Preparation
Question 54
Is a contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to one already
commenced.
Question 55
Is a contract granting a privilege to buy or sell at a determined price within an agreed time.
Question 56
They refer to particular stipulations of the parties in a contract.
Question 57
The following are the elements to consider in determining the degree of intimidation, except
Question 58
A contract in which a person literally contracts with himself is
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Question 59
Any property or right not in existence or capable of determination at the time fo the contract, that a person may in
the future acquire by succession.
Question 60
It is the why of the contract or the essential reason which moves the contracting parties to enter into the contract.
Response: Cause
Question 61
I. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential
requisites for their validity are present.
II. When, however, the law requires that a contract be in some form for it to be valid or enforceable, that
requirement must be complied with.
Question 62
D borrowed P500,000.00 from C. D died without having paid his loan obligation to C. He left S, his son and heir,
properties worth P400,000.00
Question 63
X offers to sell his house to Y for P1M. Y requested if he would accept P995,000. Which of the following is
correct?
Response: Y's response is a mere request, hence, the offer is still effective.
Question 64
Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to
constitute the contract. Which of the following constitute an offer?
Question 65
The warranty against hidden defects in a contract of sale is an example of:
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Question 1
A contract in which a person literally contracts with himself is
Question 2
The stages of a contract according to the order of their occurrence are
Question 3
For a consideration, X attached his motorcycle with complete accessories and sidecar to the
transportation line of Y who had the franchise so much so that in the registration certificate, Y appeared
to be the owner.
X failed to claim any insurance indemnity for damages arising from accidents in which the motorcycle
figured because of the failure of Y to comply with his obligation to register the motorcycle.
Issue: Is X entitled to relief from the court?
Response: Yes. X is entitled to relief from the court. In the case, X attached his motorcycle with
complete accessories and side car to the transportation line of Y, in return, Y who is the owner of the
franchise of the transportation line also the registration certificate, had an obligation to register the
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motorcycle. Y, as the obligor has the obligation to register the motorcycle, however, Y failed to register
the motorcycle which resulted in X’s inability to claim insurance indemnity. Under Article 1167, if a
person is obliged to do something and fails to do it, the obligation can be executed at their costs, as
such, since Y failed to comply with the obligation, X can recover damages from Y. Therefore, Y is
liable for the failure of X to claim insurance indemnity following an accident on the motorcycle, thus,
X shall recover damages at Y’s cost.
Question 4
Is the act of making intelligible what was before not understood, ambiguous, or not obvious.
Response: Interpretation
Question 5
In order that an action for reformation of instrument may prosper, the following requisites must concur:
I) there must have been meeting of the minds of the parties to the contract; II) the instrument does not
express the true intention of the parties; and III) the failure of the instrument to express the true
intention of the parties is due to mistake, fraud, inequitable conduct or accident.
Question 6
Is the act of making intelligible what was before not understood, ambiguous, or not obvious.
Response: Interpretation
Question 7
Salud enters into a contract to sell one (1) hectare of land to Bacolod and agreed to have the price to be
determined by Agan, a real estate appraiser. Which of the following statements is false?
Response: The recommended price of Agan is obligatory on both parties even if it is manifestly
inequitable.
Question 8
Argus won in jueteng. Since there is not enough money yet to pay his winnings, Tigreal, the event
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organizer, executed a promissory note in their favor. Argus then indorsed the note to Diggie. Which
statement is correct?
Response: None of them can recover because the note is void. Just as the payee cannot recover, so also
cannot the indorsee.
Question 9
Which of the following is not a valid stage of a contract?
Response: Introduction
Question 10
D is indebted to C in the sum of P10,000. For the purpose of avoiding the claims of C, D donated all
his properties worth the same amount to X.
Question 11
An innominate contract which means “I do that you may give.”
Question 12
The contract must bind both contracting parties, its validity or compliance cannot be left to the will of
one of them. This is known as the principle of:
Question 13
A orally sold to B his house at #143 Pag-ibig Homes, Mt. Province. In the written deed of sale, both
forgot the true number of the house and instead wrote on the contract #413 Pag-ibig Homes, Mt.
Province. The remedy shall be:
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Question 14
After the extrajudicial foreclosure by DBP (mortgagee) and sale of the mortgaged lands to it, but within
the one (1) year redemption period, R (mortgagor) entered into a contract with B entitled “Deed of Sale
with Assumption of Mortgage’’ under which R sold the lands to B and the latter assumed the mortgage
indebtedness. In another document, R was given the option to repurchase the property. B took
possession of the property, introduced improvements thereon, and appropriated the produce to himself.
R demanded an accounting of the income of the property, alleging that the true intent of the parties in
executing the contracts in question was to create an equitable mortgage. (see Arts. 1602-1605.)
Issue: What contract was entered into by the parties?
Response: The contract entered into by R (mortgagor) and B is an equitable mortgage, which is
defined as a transaction that, despite being labeled as a sale, is treated as a mortgage due to the true
intent of the parties involved. Under Article 1602, a contract that purports to be sales maybe presumed
to be an equitable mortgage is certain conditions are met, such conditions may include the price by
grossly inadequate, when the seller retains possession of the property, or when there is a right to
repurchase involved. In this case, the intention of the contract between R and B is not to transfer
ownership but to secure R’s interest in the property while allowing B to assume the mortgage
obligations. Additionally, under Article 1603, contracts purporting to be sales with a right to repurchase
are presumed to be equitable mortgages unless proven otherwise. R’s demand for an accounting of
income from the property and his assertion that the true intent is to create an equitable mortgage and
the fact the B took possession and made improvements does not negates R claim, rather this presents
the obligation of B as a possessor with an obligation similar to mortgage. Therefore, the contract
entered into by R and B is an equitable mortgage rather than a straightforward sale. R may seek
appropriate remedies and demand an accounting of income of the property in B’s possession.
Question 15
X (insurer) issued to Y (Taxicab Company) a common carrier accident policy. The heirs of T, a driver
of one of the vehicles covered by the policy, who was killed brought action against X to collect the
proceeds of said policy in view of the failure of X and Y to agree with respect to the amount to be paid
to said heirs.
X claims that the heirs had no cause of action as they had no contrac- tual relation with T.
Issue: Does the policy in question belong to contracts pour autrui?
Response: Yes. The policy in question belongs to contracts pour autrui. Under Article 1311 states that
if a contract contains a stipulation in favor of a third person, that third person may demand its
fulfillment provided that they communicate their acceptance to the obligor before its revocation. The
insurance policy issued by X (insurer) to Y (Taxicab Company) is a contract pour autrui, thus, this
covers Y for the liabilities arising from death or injury of passengers including their drivers. The heirs
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of T, a driver of one of the vehicles covered by the policy, has a cause of action against X. Since X is
the insurer, X shall indemnify the heir s of T following the death of T because the policy is intended to
benefit the heirs in case of death. Therefore, the Heirs of T have the right to claim indemnity under the
contract pour autrui being the third person involved.
Question 16
Which of the following instruments is not subject to reformation?
Question 17
On June 20, 2013, Arbie and Bea agreed verbally to form a partnership on June 25, 2015.
Question 18
I. S sold to B in a private instrument his land. Later, B wanted to have the sale registered but
registration requires a public instrument. In here, B may compel S to execute the needed public
instrument.
II. S sold to B orally his land. After B paid S, he wanted to register the land in his name but he needed a
public instrument of sale. In here, B may compel S to execute the needed public instrument.
Question 19
D owes C P500. However, C’s right has already prescribed. Not withstanding the knowledge of this
fact, D paid the amount. Realizing this mistake, D wants to recover the amount he paid.
Question 20
Mr. Bean offered in writing to sell his home and lot for P750,000 to Mr. Teddy on November 18, 2019.
Mr. Teddy requested Mr. Bean to give him 60 days within which to raise the P750,000. On January 17,
2020, Mr. Bean informed Mr. Teddy that the price is raised ad now at P1,000,000. Can Mr. Teddy
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compel Mr. Bean to sell house and lot at P750,000 which was offered in writing by Mr. Bean
Response: No, because Mr. Teddy has not accepted the offer of Mr. Bean.
Question 21
I. In reformation of contracts, what is reformed is not the contract itself, but the instrument embodying
the contract.
II. In an instrument embodying a contract where both parties committed mutual mistake which caused
the failure of the instrument to disclose their real agreement, said instrument may be reformed.
Question 22
The fulfillment of the contract is dependent upon chance
Response: Aleatory
Question 23
Contracts are effective and binding only between the parties, their assigns and heirs. Three of the
following enumerations are exceptions as provided by law. Which does not belong to the exception?
Response: Where one of the parties to the contract dies and thereafter a suit is filed on the basis of the
contract.
Question 24
Adam, a Municipal mayor and Bert, his brother and campaign manager in the recent election, entered
into an agreement that if Adam dies while mayor of their town, Bert will serve as his successor. The
contract was reduced in writing.
Response: Void. A public office is outside the commerce of man. It cannot be the subject of any
contract.
Question 25
In order that an action for reformation of instrument may prosper, the following requisites must concur,
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except:
Response: There must have been no meeting of the minds of the parties to the contract.
Question 26
Contract with a false cause is
Response: Void
Question 27
The period when the minds of the seller and the buyer have met on the subject matter and cause of the
interest is -
Question 28
They refer to particular stipulations of the parties in a contract.
Question 29
Antonio entered into a contract with Barbiran to teach Barbiran French Language starting January 1,
2020. Antonio died on November 28, 2019. Is Antonino, the son of Antonio obliged to teach Barbiran
French Language?
Response: No, the contract between Antonio and Barbiran is personal in nature and are not
transmissible.
Question 30
___________________ is descriptive of statutes which require certain classes of contracts to be in
writing.
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Question 31
I. In granting reformation, the remedy in equity is not making a new contract for the parties, but
establishing and perpetuating the real contract between the parties.
II. In reforming instruments, courts do not make another contract for the parties. They merely inquire
into the intention of the parties and, having found it, reform the written instrument (not the contract) in
order that it may express ther real intention of the parties.
Question 32
A solemn or formal contract has the following essential elements:
Response: consent of the contracting parties, object certain and cause or consideration and formalities
required by law.
Question 33
A contract where the parties contemplate a real fulfillment, hence, equivalent values are given is known
as:
Question 34
A contract that can stand by itself is known as:
Question 35
There shall be no reformation in the following cases, except:
Question 36
Arbie, without authority from Bea, sold the latter's car in the name of the latter. The contract is
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therefore____________.
Response: unenforceable
Question 37
A contract where both parties are required to do or give something is known as a:
Question 38
A "Deed of Donation Inter Vivos" was executed by X. it named as donees her grandchildren, namely:
A, B and C. X, however, retained the owner's duplicate copy of the new title, as well as the property
itself, until she transferred the same 10 years later.
On March 12, 1987, X drew up a deed of revocation of the donation. Then, she filed a petition for
cancellation of the new title and the reinstatement of the old title. her petition was founded on the
theory that the donation to her 3 grandchildren was one "mortis causa" which thus had to comply with
the formalities of a will, and since it had not, the donation was void.
The donees (X's grandchildren) opposed the petition. In their opposition, they averred that the donation
in their favor was one inter vivos, hence, valid.
Response: The donation in question, though denominated inter vivos, is in truth mortis causa because
in case of doubt relative to a gratuitous contract, the construction must be that entailing "the least
transmission of rights and interests."
Question 39
One of the stipulations contained in the contract between M Company and its employees is that the
company shall pay a bonus to employees of the company who shall continue its employment for at
least 2 consecutive years, unless he quits or is discharged before the expiration of the period of 2 years.
X, an employee of the company was discharged with just one week before the completions if the two-
year period.
Response: X is entitled to the bonus because the debtor company has voluntarily prevented the
happening of the condition.
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Question 40
I. When through the ignorance, lack of skill, negligence or bad faith on the part of the person drafting
the instrument or of the clerk or typist, the instrument does not express the true intention of the parties,
the court may order that the instrument be reformed.
II. If two parties agree upon the mortgage or pledge of real or personal property, but the instrument
states that the property is sold absolutely or with a right of repurchase, annulment of the instrument is
proper.
Question 41
One of the following is a natural element of a sales contract.
Question 42
A valid contract that, because of some technical defect, cannot be fully enforced.
Question 43
The warranty against hidden defects in a contract of sale is an example of:
Question 44
The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem
convenient provided they are not contrary to law, morals, good customs, public order or public policy.
This is known as the principle of:
Question 45
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Is a remedy in equity whereby a written instrument is made or construed so as to express or conform to
the real intention of the parties where some error or mistake has been committed.
Response: Reformation
Question 46
Contracts which must be in the form provided by the law for their perfection
Question 47
I. In an instrument embodying a contract when one party was mistaken and the other acted fraudulently
or inequitably in such a way that the instrument does not show their true intention, only the party who
was mistaken may ask for reformation of the instrument or his heirs and assigns.
II. When one party was mistaken and the other knew or believed that the instrument did not state their
real agreement, but concealed that fact from the former, the instrument may be reformed.
Question 48
Is that remedy in equity by means of which a written instrument is made or construed so as to express
or conform to the real intention of the parties.
Response: Reformation
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Finished
Question 1
The contract must bind both contracting parties; its validity or compliance cannot be left to the will of
one of them.
Question 2
When a person takes improper advantage of his power over the will of another, depriving the latter of a
reasonable freedom of choice.
Question 3
Is a contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to
one already commenced.
Question 4
The following are the elements to consider in determining the degree of intimidation, except
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Response: The education of the person
Question 5
The stages of a contract according to the order of their occurrence are
Question 6
The exceptional cases to the principle of relativity of contracts are the following, except:
Question 7
A consensual contract has the following essential elements:
Response: consent of the contracting parties, object certain and cause or consideration.
Question 8
D borrowed a sum of money from C with a certain rate of interest. C now wants to increase the rate of
interest without the consent of D. What principle in contracts prohibits C from doing so?
Question 9
Is constituted from the moment a person receives a thing belonging to another, with the obligation of
safely keeping it and returning the same.
Response: Deposit
Question 10
Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause
which are to constitute the contract. Which of the following constitute an offer?
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Response: An offer made thru an agent.
Question 11
The requisites of a stipulation pour autrui or a stipulation in favor of a third person are the following,
except:
Response: The contracting parties must have clearly and deliberately conferred a favor upon a third
person, a mere incidental benefit or interest.
Question 12
Elements that accompany certain contracts unless set aside or suppressed by the parties are known as:
Question 13
The fulfillment of the contract is dependent upon chance
Response: Aleatory
Question 14
The following are the persons incapacitated to give consent, except:
Question 15
A deception used by one party prior to or simultaneous with the contract, in order to secure the consent
of the other. Needless to say, the deceit employed must be serious.
Question 16
The elements of tort interference are the following, except:
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Response: The third person is in good faith.
Question 17
A real contract has the following essential elements:
Response: consent of the contracting parties, object certain, cause or consideration and delivery of the
object.
Question 18
The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem
convenient provided they are not contrary to law, morals, good customs, public order or public policy.
This is known as the principle of:
Question 19
In order that an action for reformation of instrument may prosper, the following requisites must concur,
except:
Response: There must have been no meeting of the minds of the parties to the contract.
Question 20
One of the following are circumstances to be considered in case of undue influence:
Question 21
Three of the following are essential elements of a contract, except
Question 22
Those contracts which are perfected by the mere agreement of the parties.
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Response: Consensual
Question 23
A contract is in the stage of conception when?
Question 24
Those which can subsist independently from other contracts and whose purpose can be fulfilled by
themselves.
Response: Principal
Question 25
It is a meeting of minds between two persons whereby one binds himself, with respect to the other, to
give something or to render some service.
Response: Contract
Question 26
This refers to a qualified acceptance.
Response: Counter-offer
Question 27
Those which are perfected by the mere agreement of the parties.
Response: Consensual
Question 28
The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem
convenient, provided they are not contrary to law, morals, good customs, public order or public policy.
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Response: Autonomy of contract
Question 29
Is a unilateral proposition made by one party to another for the celebration of a contract.
Response: offer
Question 30
Argus won in jueteng. Since there is not enough money yet to pay his winnings, Tigreal, the event
organizer, executed a promissory note in their favor. Argus then indorsed the note to Diggie. Which
statement is correct?
Response: Either of them can recover provided the note is presented to Tigreal.
Question 31
A contract in which a person literally contracts with himself is
Question 32
Those which give rise to reciprocal obligations for both parties.
Response: Bilateral
Question 33
The contract must bind both contracting parties, its validity or compliance cannot be left to the will of
one of them. This is known as the principle of:
Question 34
D borrowed P500,000.00 from C. D died without having paid his loan obligation to C. He left S, his
son and heir, properties worth P400,000.00
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Response: S is liable to C for P400,000.00.
Question 35
Contract with a false cause is
Response: Void
Question 36
These elements are those without which there can be no contract.
Question 37
An imperfect promise which is merely an offer.
Response: Policitacion
Question 38
X, a former government employee, suffered from severe paranoia and was confined in the mental
hospital in 2001. After his release, he was placed under the guardianship of his wife to enable him to
get his retirement pay. In 2004, he became a mining prospector and sold mining claims. In 2007, he
sued to annul the sale claiming that he was not mentally capacitated at the time of sale. The sale in
question was:
Response: Valid
Question 39
One of the following is a natural element of a sales contract.
Question 40
Are those which exist only when the parties expressly provide for them for the purpose of limiting or
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modifying the normal effects of the contract.
Question 41
A brief period during which an insane person regains sanity sufficient to have the legal capacity to
contract and act on his or her own behalf.
Question 42
They refer to particular stipulations of the parties in a contract.
Question 43
The period when the minds of the seller and the buyer have met on the subject matter and cause of the
interest is -
Question 44
S sold to B a parcel of land for Php1 million. B paid S Php1 million in fake bills. The sale is
Response: Valid sale because of valid cause of Php1 million price and the particular motives of the
parties in entering into contract are different from the cause thereof.
Question 45
I. Failure to follow the proper form invalidates a contract.
II. Where a contract is not in the form prescribed by law, the parties can merely compel each other to
observe that form, once the contract has been perfected.
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Question 46
The requisites of intimidation are the following, except:
Question 47
The warranty against hidden defects in a contract of sale is an example of:
Question 48
Which of the following is not a valid stage of a contract?
Response: Introduction
Question 49
Elements without which there cannot be a contract.
Question 50
Is a contract granting a privilege to buy or sell at a determined price within an agreed time.
Question 51
It is the why of the contract or the essential reason which moves the contracting parties to enter into the
contract.
Response: Cause
Question 52
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Which of the following is not a real contract?
Response: Sale
Question 53
An innominate contract which means “I do that you may give.”
Question 54
Begins from the prospective contracting parties manifest their interest in the contract and ends at the
moment of agreement of the parties.
Response: Preparation
Question 55
Contracts take effect only between the contracting parties, their assigns and heirs, except in cases where
the obligations and rights arising from the contract are not transmissible by their nature, or by
stipulation or provision of law. This principle of contract is known as:
Question 56
There is a colorable contract but it has no substance as the parties have no intention to be bound by it.
Question 57
Those which give rise to an obligation for only one of the parties.
Response: Unilateral
Question 58
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A contract that can stand by itself is known as:
Question 59
Is a relief which the law grants on the premise that the contract is valid for the protection of one of the
contracting parties and third persons from all injury and damage the contract may cause, or to protect
some incompatible and preferential right created by the contract.
Response: Rescission
Question 60
When the contract lacks one of the essential elements, the contract is
Response: void
Question 61
Is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to
constitute the contract.
Response: Consent
Question 62
Those contracts which require not only the consent of the parties for their perfection, but also the
delivery of the object by any one of the party to the other.
Response: Real
Question 63
I. When the form required is for validity, its non-observance renders the contract voidable.
II. When the required form is for enforceability, non-compliance therewith will not permit, upon the
objection of a party, the contract, although otherwise valid, to be proved or enforced by action.
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Question 64
The contract may be said to have been fully executed when there is:
Response: Consummation
Question 65
A contract where both parties are required to do or give something is known as a:
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