MULTIPLE CHOICE - Odt
MULTIPLE CHOICE - Odt
4. 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:
a. Contrary to customs.
b. Contrary to public policy.
c. Contrary to law and morality.
d. None of the above.
5. X, after the death of his father, sold his inheritance to B though its amount
has not yet been determined, for a consideration of P50,000.
a. The contract is valid only if the inheritance values at least equal or more
than P50,000.
b. The contract is rescissible.
c. The contract is valid even though nothing remains of the inheritance to be
turned over to B.
d. Contract is void, future inheritance cannot be the object of sale.
8. Reluctantly and against her good sense and judgment, Rosemarie entered
into a contract for the delivery of 5 tables to Corazon for a price of P15,000.
Contract is:
a. Void c. Unenforceable
b. Voidable d. Valid
9. G was appointed guardian of S, the latter being 16 years old. S sold his
parcel of land in writing to B valued at P100,000 for P75,000, suffering lesion
by 1/4 of the value. What is the status of the contract?
a. Rescissible c. Enforceable
b. Unenforceable d. Voidable
10. Which is the least defective contract?
a. Rescissible contract c. Unenforceable contract
b. Voidable contract d. Void contract
12. Statement No. 1: The legal life of a contract begins from its perfection
stage. While the death of the contract is the performance or fulfillment of the
obligation.
Statement No. 2: Misrepresentation made in good faith is not
fraudulent, but may constitute error and renders the contract voidable.
a. Both are true
b. Both are false
c. No. 1 is true; No. 2 is false
d. No. 1 is false; No. 2 is true
13. A contract where both parties are incapable of giving consent is:
a. Rescissible d. Void
b. Voidable e. None of the above
c. Unenforceable
14. Three of the following contracts are void. Which is the exception?
a. Those whose cause, object or purpose is contrary to law, morals, good
customs, public order or public policy
b. Those which are absolutely simulated or fictitious.
c. Those which cause or object did not exist at the time of the transaction.
d. Those where both parties are incapable of giving consent to a contract.
17. S and M agreed in print that S, who is the debtor for P3,000 will work as a
servant of M without pay until she could find money with which to pay her
debt. Meantime, S absconded her obligation and failed to comply with her
promise. Under this premise, which of the following statements is correct?
a. The agreement to work as a servant is void because it is immoral.
b. To act as a servant without pay is unconstitutional because this is
equivalent to involuntary servitude.
c. The obligation to pay is enforceable because this is in accordance with law.
d. All of the above.
20. A contract whereby the offeree is given by the offeror a certain period of
time within which to buy or not to buy a certain thing for a certain price is
called:
a. Option contract c. Contract to sell
b. Contract of sale d. Barter
25. The duty not to recover what has voluntarily been paid though payment
was no longer required.
a. Natural obligation c. Civil obligation
b. Moral obligation d. None of the above
28. 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.
a. The contract is absolutely simulated.
b. The contract is rescissible.
c. The contract is merely voidable.
d. The contract is void.
29. In three of the following, the transaction is void. Which is the exception?
a. Oral contract of partnership wherein the capital is P3,000 or more.
b. Contracts in writing contemplating impossible services.
c. Authority of the agent orally made in sale of immovable property
d. Oral contract of partnership whenever immovable property is contributed.
33. Example No. 1: G, guardian of W, sold W's house valued at P50,000 for
P37,500 or a lesion by one-fourth of the value.
Example No. 2: S sold his house valued at P50,000 for only P1,000
because S did not know the true value of the house.
a. Both contracts are rescissible.
b. Only No. 1 is rescissible.
c. No. 2 is voidable because there is an error or mistake.
d. Both contracts are valid and enforceable.
36. Statement No. 1: Dolo incidente entitles the person against whom it
was employed the right to seek the annulment of the contract.
Statement No. 2: A stipulation pour autrui is an exception to the rule
on relativity of contracts.
a. Both are true c. No. 1 is true; No. 2 is false
b. Both are false d. No. 1 is false; No. 2 is true
37. Example No. 1 - W, 16 years old, sold his house valued at P1M for
P50,000 or a lesion by more than one-fourth of the value of the said house.
Example No. 2: S sold his house valued at P1M for only P400,000
because S did not know the true value thereof.
a. Both examples are unenforceable
b. No. 1 is rescissible; while No. 2 is unenforceable
c. No. 2 is unenforceable
d. Both contracts are binding
39. On July 15, 2017, X entered into a contract with Y. On February 10, 2018,
X discovered that fraud was committed at the time he entered into the
contract, a fraud that vitiated his consent. The action for annulment shall be
bought.
a. Within three years from the time of the fraud
b. Within four years from February 10, 2018
c. Within four years from the time A entered into the contract
d. On February 10, 2018
48. The following, except one, are the characteristics of a void or inexistent
contract. Which is the exception?
a. The defense of illegality of the contract is available to third persons whose
interests are not directly affected.
b. They are not subject to ratification.
c. The right to raise defense of illegality cannot be waived.
d. The action or defense for declaration of their nullity or inexistence of the
contract does not prescribe.
49. D owes C P10,000. But the debt prescribed. Later, against the consent of
D, X pays C P10,000.
a. X can recover from D P10,000 because the latter was enriched at the
expense of X
b. X has no right
c. X cannot recover from D what he paid C
d. Both D and C are liable to X
50. The guardian of an insane person sold a house and a lot belonging to the
latter, valued at P100,000, to B, buyer for P74,000 with the approval of the
court. The contract is:
a. Valid d. Unenforceable
b. Rescissible e. Void
c. Voidable
53. Statement No. 1: The action for annulment on the ground of fraud shall
be bought within 4 years from the time of the perfection of contract.
Statement No. 2: If a valid contract is novated to a void contract, both
contracts are considered void.
a. Both are true
b. Both are false
c. No. 1 is true; No. 2 is false
d. No. 1 is false; No. 2 is true
55. Three of the following are void contracts. Which is the exception?
a. Contracts where the cause is immoral.
b. Contracts to prevent a known supporter of a political rival from voting for
his candidate for a valuable consideration.
c. Contracts with valid consideration but with unlawful motives.
d. Absolutely simulated contracts.
60. S owns an oil painting. In need of money, S sold the painting to B for
P1,000. After the sale, it was discovered that the painting was valuable and
worth P5,000.
a. S may rescind the contract on ground of lesion or inadequacy of cause
b. S may rescind the contract on ground of fraud
c. S may annul the contract on the ground of error
d. B is entitled to the benefit of the contract because it is valid and binding
61. A, bachelor lawyer, raped W twice. Upon learning this, “F” the father of
W, was able to force A to marry W under pain of being sued in court and
disbarred from the practice of his law profession. Which statement is correct?
a. The marriage may be annulled on the ground of force or violence
b. The marriage may be annulled on the ground of threat or intimidation
c. The defective marriage may, however, be ratified
d. There was no defect, the marriage was perfectly valid
62. A contract where one of the parties is incapable of giving consent is:
a. Rescissible d. Void
b. Voidable e. None of the above
c. Unenforceable
65. This kind of defective contract refers to that contract which is validly
agreed upon because all the essential elements exist, but courts can nullify it
when there is damage or prejudice to one of the parties or to a third person.
Its enforcement would cause injustice by reason of some external facts.
a. Voidable Contract
b. Void or Inexistence Contract
c. Rescissible Contract
d. Unenforceable Contract
66. Sand B orally agree that S would sell and B would buy S's radio for P400,
two years from the date of the agreement. At the end of the two-year period,
S refused to deliver the radio although B was willing to pay.
a. B can compel S to deliver because B is willing to pay the price.
b. The contract falls under the Statute of Frauds, therefore unenforceable.
c. Statute of Frauds inapplicable because the price is less than P500.
d. The object is movable, oral contract is enforceable.
69. S was forced by X to sign a contract with B for the sale of a specific
property for P10,000. C, a creditor of S, was prejudiced by the contract. What
can S do?
a. S may ask for annulment of the contract
b. S may ask for rescission of the contract
c. S may ask C to declare the contract voided
d. C may ask for the annulment of the contract
79. Contract which has no effect at all and cannot be ratified is a/an:
a. Unenforceable contract
b. Void contract
c. Voidable
d. All of them
82. Because of the intimidation employed by X, a third person, S sold his car
to B. This contract is:
a. Void
b. Voidable
c. Unenforceable
d. Rescissible
83. Statement No. 1: If the cause is not stated in the contract, it is
presumed that it is unlawful.
Statement No. 2: The action for rescission is subsidiary. It cannot be
instituted except when there is no other legal means to obtain reparation for
damages suffered.
a. Both are true
b. Both are false
c. No. 1 is true; No. 2 is false
d. No. 1 is false; No. 2 is true
84. S entered into a contract with B by threatening B that if the latter does
not agree to make the contract, S will publish defamatory matters
concerning B's wife.
a. The contract is valid because the defamatory matters to be published
does not relate to B, the contracting party.
b. The contract is voidable because such publication when carried out,
whether true or not, will cause a serious harm to B and his wife.
c. The contract is unenforceable but B is entitled to damages the moment
the publication is made.
d. Contract is void.
87. L entered into a contract of lease with X. T, the clerk of L, typed the
document. Due to T's negligence, the document made was that of sale
instead of lease.
a. The remedy is annulment
b. Parties may go to court for interpretation
c. Parties may enforce their right because it is enforceable
d. None of the above
89. Who is liable for the loss of the subject matter by fortuitous event?
a. Creditor
b. Debtor
c. Both creditor and debtor
d. None of them
100. Example No. 1: The husband, through intimidation, was able to obtain
the consent of his wife, with regards to the sale of a piece of land belonging
to the wife for P1 million. The contract is voidable because there was
intimidation.
Example No. 2: In the preceding example, the right of the wife is to go
to court and file an action for annulment was four (4) years from the time the
intimidation ceased.
a. Both are true.
b. Both are false.
c. No. 1 is true; No. 2 is, false.
d. No. 1 is false; No. 2 is true.
101. 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 constitutes a definite offer?
a. An offer made through an agent
b. Business advertisement of things for sale
c. Advertisement for bidders
d. All of the above
102. On July 15, 2017, X entered into a contract with Y. On February 10,
2018, X discovered that fraud was committed at the time he entered into the
contract, a fraud that vitiated his consent. The action for annulment shall be
brought.
a. Within three years from the time of the fraud
b. Within four years from February 10, 2018
c. Within four years from the time A entered into the contract
d. On February 10, 2018
103. In an "invitation to bid", B proposes the following: "I will buy the
property for P10,000. If the bid of any other offeror or bidder shall be
considered the best terms of amount and conditions, I am too equal to that
offer.”
a. The offer is speculative, because it cannot be considered as against
another offer which is certain.
b. The offer is considered a counter offer.
c. This is a continuing offer which is very certain.
d. The advertiser is not bound to accept the higher bidder.
105. The following contracts should observe the Statute of Frauds, except –
a. Guaranty
b. Lease of personal property longer than one year
c. Representation as to the credit of a third person
d. Lease of real property longer than one year
108. This principle means that contracts take effect only upon the
contracting parties, their assigns or successors-in-interest
a. Relativity of contract
b. Obligatoriness of contract
c. Mutuality of contract
d. Freedom of contract
109. By this principle, the validity and efficacy of the contract cannot be left
to the will of one of the contracting parties.
a. Relativity of contract c. Mutuality of contract
b. Obligatoriness of contract d. Freedom of contract
110. S offers to sell his house to B for P100,000. B asks him if he would
accept P80,000. Which of the following is correct?
a. Because of ambiguity, both offers are terminated by operation of law.
b. B's response is a counter-offer effectively terminating the P10,000 offer
and instigating an offer for P80,000.
c. B's response is a rejection of the P100,000 offer, and there is no offer for
P80,000 because it is too indefinite to be an offer.
d. B's response is an inquiry, the P100,000 offer by S is still in force.
1. A meeting of minds between two persons whereby one binds himself with
respect to the other to give something or to render some service is known
as:
a. obligation.
b. consent.
c. contract.
d. stipulation.
3. The elements of a contract without which a contract would not exist are
known as:
a. accidental elements
b. natural elements.
c. special elements.
d. essential elements.
12. A contract that does not have any special name under the law is known
as:
a. nominate contract.
b. innominate contract.
c. special contract.
d. nominal contract.
15. 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:
a. liberty of contract.
b. mutuality of contract.
c. relativity of contract.
d. obligatory force of contract.
16. 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:
a. mutuality of contract.
b. relativity of contract.
c. consensuality of contract.
d. freedom to contract.
17. 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:
a. relativity of contract.
b. mutuality of contract.
c. obligatory force of contract.
d. liberty of contract.
18. 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.
a. S is liable to C for P500,000.00.
b. S is liable to C for P400,000.00.
c. S is liable to C for P100,000.00.
d. S is not liable at all because he should not be made to shoulder the
obligation of his father.
20. The principle that contracts are perfected by mere consent is known as:
a. consistency of contract.
b. consensuality of contract.
c. consummation of contract.
d. mutuality of contract.
21. Obligations arising from contracts have the force of law between the
contracting parties and should be complied with in good faith. From
perfection, the parties are bound not only to the fulfillment of what has been
expressly stipulated but also to all the consequences which, according to
their nature, may be in keeping with good faith, usage and law. This is known
as the principle of:
a. consummation of contract.
b. consensuality of contract.
c. obligatory force of contract and compliance in good faith.
d. mutuality of contract.
24. It is the manifestation of the meeting of the offer and the acceptance
upon the thing and the cause which are to constitute the contract.
a. Consideration
b. Contract
c. Consent
d. Cause
25. On June 1, 2015, S offered to sell his only car to B for P100,000.00. B
accepted the offer by mailing his letter of acceptance on June 10, 2015. On
June 12, 2015. B. revoked his previous acceptance and mailed his letter of
revocation on the same date. S received the letter of acceptance on June 14,
2015 and the letter of revocation on June 15, 2015.
a. The contract was perfected on June 14, 2015 when S received B's letter of
acceptance.
b. The contract was not perfected because at the time the acceptance was
received, the parties were no longer of one mind.
c. The contract was perfected on June 10, 2015 when B sent his letter of
acceptance.
d. The perfection of the contract retroacts to June 1, 2015 when the offer was
made.
27. Three of the following instances will render and ineffective before
acceptance is conveyed. Which one not?
a. Civil interdiction of either party.
b. Insolvency of either party.
c. Insanity of either party.
d. Intoxication of either party.
28. S offers to sell his car to B for P125,000.00 cash. B. accepts the offer but
is willing to pay only P120,000.00.
a. The contract was perfected at the price of P125,000.00.
b. The contract was perfected at the price of P120,000.00.
c. The contract was perfected at the price of P122,500.00, the average price
of the offer and the acceptance.
d. The contract was not perfected because the acceptance by B was qualified
and it constituted a counter-offer.
29. P appointed A as his agent to sell P's only Honda Civic car for
P400,000.00 cash. On November 7, 2015, A, pursuant to the authority
granted to him by P, offered to sell the car to B at the price of P400,000.00. B
accepted the offer on November 8, 2015 by sending a letter of acceptance to
A, which letter of acceptance was received by A on November 9, 2015. On
November 10, 2015, A informed P that B had accepted the offer.
a. The contract was perfected on November 8, 2015 when B sent his letter of
acceptance.
b. The contract was perfected on November 9, 2015 when A received the
letter of acceptance.
c. The contract was perfected on November 10, 2015 when A notified P, the
true owner of the car, that B had accepted the offer.
d. The contract was perfected on November 7, 2015. since the acceptance
by B retroacts to the date of the offer.
30. On July 1, 2015, Serrano offered to sell his only Mercedes Benz car for
P1,000,000.00 to Benitez who was interested in buying the same. In his
letter to Benitez, Serrano stated that he was giving Benitez up to July 31,
2015 to make up his mind whether to buy the car or not. On July 25, 2015,
Serrano personally went to Benitez to inform him that he was no longer
willing to sell the car unless the price was increased to P1,400,000.00
because another buyer was interested in buying the car for the said amount
of P1,400,000.00.
a. Benitez may compel Serrano to sell to him the car for P1,000,000.00
b. Serrano may validly withdraw his offer to Benitez because the option was
not founded upon a consideration.
c. Serrano may not withdraw his offer until after the lapse of the option
period that he gave to Benitez.
d. The increase in price made by Serrano was not valid because it was made
within the option period.
35. A contract entered into by an insane person during a lucid interval is:
a. valid.
b. voidable.
c. rescissible.
d. void.
36. Aside from fraud and undue influence, the following are the vices of
consent, except:
a. violence.
b. intimidation.
c. mistake.
d. dealer's talk.
37. Mistake in three of the following will make a contract voidable. Which one
will not?
a. Mistake as to the substance of the thing which is the object of the
contract.
b. Mistake as to the principal conditions, which principally moved one or both
parties to enter into the contract.
c. Mistake as to the identity or qualifications of one of the parties, which
identity or qualifications have been the principal cause of the contract.
d. Simple mistake of account.
41. It exists when a person takes improper advantage of his power over the
will of another depriving the latter of a reasonable freedom of choice.
a. Intimidation
b. Duress
c. Threat
d. Undue influence
43. Abulencia, who knew that his ring was embellished with glass, told
Banzon that the embellishment was emerald. Banzon, who knew that his
watch was gold-plated, told Abulencia that it was made of pure gold. Banzon,
believing that Abulencia's ring was embellished with emerald, and Abulencia,
believing that Banzon's watch was made of pure gold, then entered into a
contract whereby they exchanged their respective articles. A week later
Banzon discovered that the ring was adorned only with an ordinary glass.:
a. The contract may be annulled at the instance of Banzon since he
discovered the fraud.
b. The contract may be annulled at the instance of Abulencia since Banzon
also employed fraud.
c. The contract is void because of the bad faith both parties; hence, it shall
not produce an effect.
d. Neither party may ask for annulment since both are guilty of fraud. The
contract therefore is valid.
46. Servando and Bernardo entered into a contract where they made it
appear that Servando was mortgaging his lot and building to Bernardo to
secure a contract of loan. The truth, however, was that Servando was selling
his lot and building to Bernardo. Which of the followings statements is true?
a. The parties are bound by the contract of sale.
b. The parties are bound by the contract of loan and mortgage.
c. The parties are not bound at all.
d. The parties are bound by the contract of sale only when third persons are
affected.
47. One of the following is not a requisite of the object of a contract.
a. It must be within the commerce of men.
b. If it is a right, it must be intransmissible.
c. It must not be contrary to law, morals, good customs, public order or
public policy.
d. It must be determinate as to its kind or capable of being made
determinate without the need of the parties entering into a new agreement.
48. S and B orally entered into a contract whereby S sold his one-year
production of eggs in his poultry farm to B lor P50,000.00 which amount B
immediately gave in cash to S. The contract between S and B is:
a. void because the object was not existing at the time of execution of the
contract.
b. valid because future things may be the object of contracts.
c. rescissible because B will likely suffer damage 11 the eggs do not come
into existence.
d. unenforceable because the contract was not in writing.
49. A died leaving properties estimated at P1,000,000.00 to his sons S and T.
Subsequently, S sold one-half of his inheritance to X for P300,000.00,
although his share was still to be delivered.
a. The contract is valid since the inheritance is an existing inheritance.
b. The contract is void because what S sold is future inheritance which may
not be the object of a contract as a rule.
c. The contract is rescissible.
d. The contract is unenforceable.
50. A contract whose cause is the promise of a thing or service by the other
party is:
a. an onerous contract.
b. a gratuitous contract.
c. a lucrative contract.
d. a remuneratory contract.
52. S sold his only car for P100,000.00 to B. Unknown to S. B bought the car
from him go that he could use the same in a bank robbery. What is the status
of the sale of the car by S to B?
a. The sale is void because the motive of B is illegal.
b. The sale is valid because the illegality of the motive of the parties to the
contract does not have any effect on its validity.
c. The sale is voidable because of the failure of B to disclose his motive to S.
d. The sale is rescissible at the instance of S because he would be damaged
by the illegal motive of B.
53. One of the following is not a requisite of cause in a contract. Which is it?
a. It must exist.
b. It must be lawful.
c. It must not be false.
d. It must be clearly stated in the contract,
58. G the guardian of M, a minor, sold the fish harvested from the fishpond of
M for P7,400.00. The fish, however had a value of P10,000.00.
a. The sale is rescissible because M suffered lesion by more than one-fourth
of the value of the fish sold.
b. The sale is voidable because M is a minor.
c. The sale is unenforceable because G sold the fish without approval of the
courts.
d. The sale is void because the object is outside the commerce of men.
59. The following are the requisites of a rescissible payment, except:
a. the debt is already due.
b. the debtor is insolvent.
c. the debtor pays the debt.
d. the payment is not yet due.
60. Rescission of a contract will prosper in one of the following cases. Which
is it?
a. When there are other legal means to obtain reparation of the damages
caused.
b. When he who demands rescission cannot return whatever he may be
obliged to restore.
c. When the object of the contract is in the possession of a third person who
purchased the property of the debtor in bad faith.
d. When the action to bring rescission has prescribed.
65. The action for annulment must be brought within four years. Which of the
following is false with respect to the reckoning of the beginning of the
prescriptive period?
a. In cases of intimidation, violence and undue influence, the period begins
from the time the defect in the consent ceases.
b. In case of fraud, the period begins to run from the discovery thereof.
c. In case of mistake, the period begins to run from the time it was
committed.
d. In cases of contracts entered into by minors or other incapacitated
persons, the period runs from the time guardianship ceases.
72. Severino, orally sold a one-square meter lot for P475.00 to Benedicto,
chairman of Barangay Mapayapa, who was officially authorized in a barangay
resolution to look for and buy a lot where the barangay would construct a
barangay marker. Since Benedicto did not have sufficient cash at that time,
he told Severino that he would give the amount the following day. The next
day. Benedicto went to the place of Severino to pay the price of the lot but
Severino refused to accept it, saying that the sale is unenforceable not being
in writing.
a. The sale of the lot is enforceable although not in writing because the price
is less than P500.00.
b. The sale is enforceable because Benedicto was duly authorized to buy the
lot through a resolution which is in writing.
c. The sale of the lot is void not being in a public instrument.
d. The sale is unenforceable since the sale of real property must be in writing
regardless of the price to be enforceable.
73. On June 1, 2014, Mother Lilac, a movie producer, met Claudine Santos, a
movie actress at the lobby of the Manila Hotel, Mother Lilac informed
Claudine Santos that she was producing a movie the filming of which would
start on August 1, 2015 and that she was offering Claudine Santos the
starting role for a fee of P2.000.000.00. Claudine Santos accepted the offer
and shook hands with Mother Lilac to seal their agreement. However, Mother
Lilac gave Claudine Santos a check for P200,000.00 as initial payment. On
August 1, 2015; Mother Lilac called Claudine Santos for the shooting of the
movie but Claudine Santos refused to honor the agreement saying that it
was not enforceable, not being in writing.
a. Mother Lilac cannot enforce the contract against Claudine Santos because
it was entered into orally.
b. Mother Lilac can enforce the contract against Claudine Santos because
Claudine Santos had accepted benefits under the contract.
c. Claudine Santos may just return the payment because it was made in
check which is not legal tender.
d. Claudine Santos is not bound under her agreement with Mother Lilac
because she did not sign any writing.
74. D was driving on his way to Manila from the province when he suffered a
busted tire. Not having any spare tire, he went to a nearby car spare parts
store to buy a new tire. However, he did not have sufficient money with him
so he phoned G, his friend, who happened to know S, the store owner. G then
instructed D to give to s the telephone through which G told S "Don't worry. If
D cannot pay, just charge me." D was thus able to buy a new tire for
P6,000.00 for which is issued D & sales invoice.
a. If D cannot pay, S can proceed against G to make good his promise to pay
D's debt.
b. G's promise cannot be enforced against him because he did not execute
any writing for the guaranty he made.
c. S can enforce G's promise to answer for D's debt since the guaranty was
witnessed by D.
d. S can enforce G's promise because there was a writing of some kind, the
invoice for the sale of the tire.
75. A month ago, S, 17 1/2 years old, orally sold his bicycle for p2.000.00 to
B, his neighbor, who was only 16 years old. M. the mother of S, learned
about the sale by S of his bicycle, and demanded that S give her the amount
he received. S. thus gave the proceeds of the sale to his to spent the same
for the family's daily expenses. F, the father of B, also learned about the
purchase by B of the bicycle when he saw it parked at their door and began
using it almost daily since B bought it. Based on the foregoing facts, what is
now the status of the sale entered into between S and B?
a. Unenforceable because both parties were incapacitated to enter into the
contract.
b. Unenforceable because the sale was not in writing.
c. Validated from inception because of the subsequent acts of the parent of
the parties.
d. Voidable because while B was only 16 years old, s was nearing the age of
majority which is 18 years.
80. If the illegal contract between the parties is a criminal offense but only
one party is guilty, such illegal contract shall produce the following effects,
except:
a. the guilty party will be criminally prosecuted.
b. neither party may compel the other to comply with his undertaking.
c. the instruments shall be confiscated in favor of the government.
d. the innocent party cannot recover what he has given.
81. If the contract is illegal but it does not constitute a criminal offense and
only one party is guilty, such illegal contract shall produce the following
effects, except:
a. the guilty party cannot recover what he has given.
b. the guilty party cannot ask for the fulfillment of what has been promised
him.
c. the innocent party cannot be compelled to comply with his promise.
d. the innocent party cannot demand the return of what he has given.
82. The following contracts are required to appear in a public document for
the convenience of the parties so that they may be registered into the proper
recording office, except:
a. contracts which have for their object the creation of real rights over
immovable property.
b. the acceptance of an inheritance.
c. the power to administer property.
d. the cession of actions or rights proceeding from an act appearing in a
public document.
87. With the intention of raising money to buy a gun which he would use in
killing X, his mortal enemy, S sold car for P100,000.00 cash to B who knew
nothing of the intention of S in selling the car. After the sale, S was able to
buy a gun complete with all the papers required by law. B, on the other hand,
was able to register the car in his name at the Land Transportation Office.
a. the sale of the car by S to B is valid provided S does not kill X.
b. The sale of the car by S to B is void if S kills X.
c. The sale of the car by S to B is valid whether S kills X or not.
d. The sale of the car by S to B is void whether S kills X or not
88. Six years ago, Marcelo, 17 years old, sold his one-hectare agricultural lot
to Bernardo for P100,000.00. Marcelo invested the proceeds of the sale in a
business which was successful at the start but had gone through difficult
times as a result of the economic crisis. He thought of the agricultural lot
that he sold to Bernardo which had been enjoying bumper crops since
Bernardo bought it from him. Marcelo now approaches you to seek your help
on whether it would still be possible to annul the sale of the agricultural lot to
Bernardo. What advice will you give to Marcelo?
a. Only Marcelo may annul the sale on the ground of his incapacity.
b. Only Bernardo may annul the sale on the ground of Marcelo's incapacity.
c. Neither Marcelo nor Bernardo may annul the sale on the ground of
Marcelo's incapacity.
d. Both Marcelo and Bernardo may annul the sale on the ground of Marcelo's
incapacity.
91. Perfecto offered to sell his house and lot to Reynaldo 101 PL 500.000.00.
Perfecto told Reynaldo that he was giving Reynaldo thirty (30) days to decide
whether to buy or not the house and lot. Reynaldo accepted the option but
did not give anything to Perfecto to support the option given him. Twenty
days later, Perfecto found another buy who was ready to buy the house and
10 P2,000,000.00. Perfecto wants to ask von whether he call still withdraw
the offer he made to Reynaldo. Decide.
a Yes, Perfecto may withdraw the offer because he stands to gain an added
profit of P500,000.00 and this will be more than enough to pay any damages
to Reynaldo.
b. Yes, Perfecto may withdraw the offer by just informing Reynaldo of such
fact.
c. No, Perfecto may not withdraw the offer because the option was accepted
by Reynaldo although Reynaldo did not give anything in support thereof.
d. No, Perfecto may not withdraw his offer until the lapse of the period given
to Reynaldo to exercise his option.
92. D insured his house against fire with insurance Company: The insurance
policy which was prepared and printed by C Insurance Company was signed
by D after reading its terms. You are to determine which of the following
characterize the contract between D and C Insurance Company.
I. Auto-contract. II. Contract of adhesion.
III. Aleatory contract. IV. Nominate contract.
The contract between D and C insurance Company is:
a. I, II and III.
b. II, III and IV.
c. I, II and IV.
d. I, III and IV.
93. Datiles obtained from Cortez a loan of P50,000.00 which was payable in 2
months. Datiles failed to pay the debt on the due date despite repeated
demands from Cortez. When the debt was still outstanding after 6 months,
Cortez asked his counsel, Atty. Antolin, to write a letter to Datiles to demand
payment within one (1) week and with a threat of court action if no payment
was not received within the said period. Datiles, afraid of the threat of a
court action against him, was constrained to sign a deed assigning his lot in
favor of Cortez to pay his debt.
a. the deed of assignment is voidable because of intimidation employed
upon Datiles.
b. The deed of assignment is valid and enforceable, the threat of a court
action made by Cortez through his lawyer being a legitimate exercise of his
right.
c. The deed of assignment is voidable because of the undue influence
exerted by Atty. Antolin, the counsel of Cortez, on Datiles.
d. The deed of assignment is void because Datiles did not give his consent
voluntarily.
95. W, a woman, agreed to live with H, a man, as the wife of H without the
benefit of marriage in exchange for the monthly support of P10,000.00 that
H would give to W. Both H and W are single, of legal age, and there is no
legal impediment for them to get married. Their parents have no objections
to the two getting married. Based on the foregoing information, which of the
following statements is true?
a. The agreement between H and W is valid because they can legally get
married if they want to.
b. The agreement between H and W is void for being contrary to morals.
c. H may legally demand that W live with him as his wife.
d. W may legally demand that H give her the monthly support of P1000.00
that he had promised.
96. Angel dela Guardia, guardian of Eduardo Menor, a minor, sold the palay
harvested from the land belonging to Eduardo Menor for P42.000.00. The
palay had a value of P50,000.00. At the time of the sale seven months ago,
Eduardo was 17 ½ years old. Eduardo wants to recover the damages he
suffered under the contract entered into by his guardian. What is the remedy
available to Eduardo Menor?
a. Annulment because Eduardo Menor was only 17 2 years old at the time
the sale was made by Angel dela Guardia.
b. Rescission because Eduardo Menor suffered lesion of P8,000.00.
c. Both rescission and annulment.
d. Neither rescission or annulment.
99. The cause of a contract differs from the motive of each party to the
contract in that motive:
a. is an essential element of a contract.
b. although illegal, does not affect the validity of the contract.
c. is always known by the other party.
d. when illegal will render the contract void.
102. S convinced B to buy a gold-plated bar which S told was made of pure
gold. B bought the thing believe it was really made of pure gold. The contract
and B is:
a. valid.
b. voidable.
c. rescissible.
d. void.
103. D went to the store of C and asked the latter to sell to him construction
materials on credit. Since C did not know him, he denied D's request. R, a
rich businessman in the community, happened to be at the store at that time
and overheard the conversation. He told C, "I personally know D. He has a
good credit reputation." Accordingly, C granted credit sale to D. The sale was
evidenced by an invoice issued by C. Later however, C could not collect from
D because it turned out that the representation made by R as to the credit of
D was false.
a. C can go after R for damages by reason of the latter's misrepresentation.
b. C cannot go after R for damages because R's representation was not in
writing.
c. C can go after R because there was a sales invoice evidencing the sale.
d. C can go after R because it was R's representation that induced him to
grant a credit sale to D. The form of the representation is immaterial.
104. On June 1, 2015, S and B entered into an oral contract of sale whereby S
sold his computer to B for P50,000.00. The parties agreed that S shall deliver
the computer to B on June 10, 2015 at the place of B. B, however, is required
to pay the price upon agreement. B complied with his obligation by paying
the price to B in cash on June 1, 2015. As of June 1, 2015 –
a. The contract of sale between S and B is wholly executory.
b. The contract of sale between S and B is wholly executed.
c. The contract of sale between S and B is partly executed.
d. The contract oi sale should be in writing before it can be determined
whether it is executed or executory.
105. B bought a baby boy from S. B knew that the baby boy was his
illegitimate son by a woman named, W, and which W sold to S. The contract
between B and S is:
a. valid.
b. void.
c. unenforceable.
d. voidable.
106. D, out of his love and affection for C, donated a parcel of land to the
latter who accepted it. The formalities required by law were complied with.
The contract between D and C is:
a. an onerous contract.
b. a gratuitous contract.
c. a remuneratory contract.
d. an accessory contract.
109. S sold his only horse to B for P30,000.00. The parties agreed that S shall
deliver the horse one week from the execution of their agreement. B
however, is require pay the price immediately in certified check. In the place
of S and B, it was the custom that anyone selling a horse should place a
horseshoe on its hooves. However, this was not stated in the agreement
including how the horse would be cared for before delivery.
a. S is not obliged to place a horseshoe on the horse although it was the
custom in the place because S and B did not stipulate about it.
b. S is obliged to place a horseshoe on the horse because the observance of
custom or usage in the becomes part of the contract.
c. S is not obliged to take care of the horse before delivery because the
caring of the horse was not stipulated.
d. S and B are bound only by the terms stated in their agreement.
110. In January 2008, S, 17 years old, sold his only car to B, 21 years old. The
sale was without the knowledge of G, the guardian of S. Assuming that an
annulment case is failed today:
a. S may bring the action for annulment.
b. G may bring the action for annulment.
c. B may bring the action for annulment.
d. Annulment will not prosper whoever will file it.
113. S and B entered into a contract where they made it appear that S sold
to B a parcel of land worth P50,000.00. In reality, however, S borrowed from
B P50,000.00 with s. mortgaging the parcel of land as security for the debt.
a. S and B are bound by the contract of loan and mortgage.
b. S and B are bound by the contract of sale.
c. S and B are not bound at all.
d. S and B are bound by the contract of loan and mortgage if third persons
are affected.
114. S, a store owner, hired the services of E as a clerk in the store at the
minimum wage. E began to work immediately although no employment
papers were signed by S and E. After 1 year and 2 months without E
receiving any compensation except free meals and lodging, E demanded
payment from S. S refused to pay E on the ground that their contract was
unenforceable not being in writing and that the employment already lasted
more than a year.
a. The contract is unenforceable because it is not in writing and it has
already been one year from the time it was entered into.
b. The contract is valid and enforceable although not in writing.
c. The contract is void because an employment contract must be in writing to
be valid.
d. The contract is rescissible because E suffered damages by reason of non-
payment of his compensation.
115. S sold a parcel of land to B for P100,000.00 with B paying the said
amount immediately. Although S delivered the transfer certificate of title of
the land to B, the parties did not execute any document at all for the sale
except the receipt for the payment which S issued to B. B now wants to
register the sale with the Register of Deeds.
a. B can compel S to execute a Deed of Sale which is duly notarized so that B
can register the sale.
b. B cannot compel S to execute a Deed of Sale because the contract is
unenforceable.
c. The contract between S and B is void because it was not in the form
required by law.
d. The contract between S and B is rescissible, hence B can sue for damages.
116. S and B entered into a contract whereby S sold his car to B for
P100,000.00. Based on the foregoing, which of the following statements is
incorrect?
a. The contract is voidable if S is 17 years old, and B is 25 years old.
b. The contract is unenforceable if S is 17 and B is insane.
c. The contract is void if B, 25 years old, compelled S, 30 years old, to sign
the deed of sale by threatening to burn the house of S.
d. The contract is rescissible if at the time of the sale, the car was the subject
of litigation brought by X against S to recover the car, and the court and X
did not give their authority to the sale.
126. Which of the following contracts involving real property is valid and
enforceable although not in writing?
a. Sale of a piece of land for P50,000.00.
b. Lease of an agricultural lot for a period of 2 years at a monthly rental of
P3,000.00.
c. Mortgage of a commercial lot to secure a loan of P50,000.00
d. Donation and acceptance of a residential lot.
127. Tadeo owned a vacant lot adjacent to a bigger lot where Star Circus
planned to put up a two-week performance as provided in the lease contract
which it executed with Legaspi, the owner of the bigger lot. In expectations,
using his property for a parking lot, Tadeo leveled his to and built a small
shed which cost him P20,000.00, an amount he had yet to pay the
contractor. Later, however, Star Circus cancelled the performance, so Tadeo
brought a court action to recover P20,000.00 from it and Legaspi. Based on
the foregoing information, which of the following is incorrect?
a. The circus contract took effect only between Star Circus and Legaspi, the
parties to the contract of lease.
b. Tadeo can recover damages from Star Circus and Legaspi by reason of
stipulation pour autrui.
c. Tadeo must pay his own contractor the amount of P20,000.00 because
that is the obligation he alone contracted to pay.
d. Tadeo, as an incidental beneficiary, has no rights under the circus
contract.
130. D, the only daughter and heir of L, a lawyer, discovered shortly after L's
death that her father's book, Legal Eagle, a rare collection, was missing from
L's library. After going through L's records, D traced the book to S, a law
student. When D informed S that she wanted the book returned, S refused
claiming that I donated the book to him. D, however, protested saying that
the book was merely lent to him by L.
a. D cannot ask for the return of the book although she is the only heir
because L's right over the book was not transmitted to her.
b. D can ask for the return of the book because it should be considered to
have been lent only by L to S, i.e., the contract should be one of
commodatum only.
c. D cannot ask for the return of the book because the same should be
considered as having been donated by L to S.
d. The contract involving the book is void since the intent of L and S. was
ambiguous. Accordingly, D can ask for the return of the book on the ground
of the nullity of the contract.
131. S sold one of his lots to B for P100,000.00. The lot, located beside a
busy street, consisted of 1,200 square meters and was covered by Transfer
Certificate of Title (TCT) No. 123.75. After registering the sale with the
Register of Deeds and the issuance to him by the same office of a new
transfer certificate of title in his name, discovered that the deed of sale and
the new described S's adjoining lot which, although also consisting of 1,200
square meters, was covered by TCT No. 12 and located farther from the
street. B learned that C, secretary of S, typed the wrong description on the
deed of sale. B now approaches you for advice on which course 01 action to
take. What advice will you give to B?
a. Annulment of the contract because he did not consent to the purchase of
the lot covered by TCT No. 12346.
b. Rescission because the erroneous description has caused him damages.
c. Reformation because the deed of sale failed to show the true intention of
the parties to the contract.
d. Declaration of nullity of the contract because it is void ab initio by reason
of the wrong object.
134. W, a woman, agreed to live with M, a man, as M's wife without the
benefit of marriage in exchange for M's promise to give a monthly support of
P10,000.00. Both parties are single. After 3 years, M found another woman
and stopped giving support to W.
a. W can demand the continuation of the monthly support from M pursuant
to their agreement.
b. M can demand the return of the support that he had given to W for the
past 3 years.
c. Both M and W will be criminally prosecuted.
d. The agreement between M and W is illegal but the illegality does not
constitute a crime.
136. O was cleaning the glass window of his building when a large piece of
broken glass fell down directly hitting the roof of a car which was parked
below. C, the owner of the car, was not around. Sensing that he would be
made liable for the damage on the car, O immediately went down and
cleaned the mess. O, seeing that W had witnessed all that happened,
proposed to give W P2,000.00 so that W would not testify in case a court
case is filed. W agreed to the proposal and accepted the money. Based on
the foregoing facts, which of the following statements is incorrect?
a. O's liability, if any, is based on quasi-delict.
b. The agreement between 0 and W is binding on both of them.
c. W may testify in court despite the agreement.
d. The agreement between 0 and W is void for being contrary to public
policy.
137. Salendrez agreed to sell his car to Martinez who just turned 17 years
old, for P100,000.00. Martinez gave a down payment of P10,000.00 of the
price. Shortly before the scheduled delivery of the car, Salendrez received a
higher offer from Tablizo. He thus attempted to annul the sale on the ground
that Martinez was a minor.
a. Salendrez may annul the contract because the minority of Martinez
rendered the contract voidable.
b. Only Martinez may annul the contract on the ground of his incapacity.
c. Martinez may no longer annul the contract because he is deemed to have
ratified it when he gave a down payment at the time of the execution of the
contract of sale.
d. Neither Salendrez nor Martinez may annul the contract because the
contract is partly executed.
142. P gave a special power of attorney to A to sell pus nous and lot for
P2,000,000.00. On May 7, A, pursuant to the authority granted to hire by P,
offered to sell the house and lot for P2,000,000.00. On May 7, a pursuant to
the authority granted to him by P, offered to sell the house and lot to B at the
price of P2,000,000.00. B accepted the offer on May 8 by sending a letter of
acceptance to A on such date, which letter of acceptance was received by A
on May 10. On May 11, P revoked A's authority before the latter could inform
him of B's acceptance.
a. The contract was perfected on May 8 when B sent his letter of acceptance.
b. The contract was perfected on May 10 when A received the letter of
acceptance.
c. The contract was not perfected because P, the true owner of the car that
was sold, revoked A's authority before he came to learn of B's acceptance.
d. The contract was perfected on May 7 since the acceptance by B retroacts
to the date of the offer.
143. On May 1, Sonora offered to sell his car for P500,000.00 to Balmores
who was interested in buying the same. In his letter to Balmores, Sonora
stated that he was giving Balmores up to May 31 to decide whether to buy
the car or not. On May 10, Balmores sent to Sonora through his messenger a
letter stating that he was accepting the promise of Sonora. Enclosed in the
envelop was the amount of P2,000.00 as option money. On May 25, Sonora
personally went to Balmores to inform him that he was no longer willing to
sell the car unless the price was increased to P600,000.00 because another
buyer was interested in buying the car for the said amount.
a. Balmores may compel Sonora to sell to him the car for P500,000.00
because they have an option contract which was founded upon a valuable
consideration.
b. Sonora may validly withdraw his offer to Balmores and all that Sonora
needs to do is to inform Balmores of such withdrawal.
c. Sonora may withdraw his offer ever before the lapse of the option period
that he gave to Balmores because that is his right as owner and seller of the
car.
d. Sonora is free to sell the car to another only even before the lapse of the
option period that he gave to Balmores because he stands to gain
P100,000.00 from the transaction.
144. D donated his lot to C because he thought that C was his illegitimate
son. The deed of donation was signed by D and C, and acknowledged by
them before a notary public before a new certificate of title to the lot was
issued by the Register of Deeds. Later, D learned that C was not his son, but
that of another man:
a. D can have the donation annulled on the ground of mistake of identity.
b. D can no longer annul the donation because a new certificate of title has
already been issued.
c. D cannot annul the donation because he freely entered into it.
d. D cannot annul the donation because disregarding it would be unfair to C.
145. A has been for more than 20 years the legal counsel of C. A talked to C
almost every day in the course of giving counsel to C to convince C to donate
his lot to him. A told C that it was only he who knew all of C's cases and was
the only one who could handle them and C's other legal concerns. Because
of the persistence of A in talking him into donating his lot, C finally signed
the deed of donation of the lot in A's favor with all the formalities required by
law.
a. The deed of donation is valid because all the formalities required were
complied with.
b. The deed of donation is voidable on the ground of undue influence.
c. The deed of donation is voidable on the ground of intimidation.
d. The deed of donation is valid because it was the only way by which C
could keep A as his lawyer.
149. On March 1, S sent a letter offering the sale of his car for P200 000.00
cash to B. In his letter, S stated that B's acceptance should be sent by
registered mail and must be received by S not later than March 31. On March
20. B accepted the offer of S by sending an e-mail message on the same day
to S whose e-mail address was indicated in the letter. S read the message
the following day, March 21. Was there a perfected contract between S and
B?
a. Yes, on March 1.
b. Yes, on March 20.
c. Yes, on March 21.
d. No, no contract was perfected at all.
151. D gave his US$100.00 bill to C to have it converted into pesos at the
agreed rate of P55.00 to US$1.00. When D received his money in pesos, he
discovered that C gave him P5,700.00 instead of P5,500.00...? No written
agreement was executed by the parties. The only written evidence of the
transaction was the tape dispensed by the adding machine showing the
computation to be P5,500.00 and which was in the possession of D.
a. The contract is voidable. C can have it annulled on the ground of mistake.
b. The contract is valid. D must return the excess of P200.00 to C.
c. The contract is unenforceable since it was not in writing.
d. C can demand that a writing be executed to show the true intention of the
parties.
154. S sold his lot consisting of 1,000 square meters to B. However, the deed
of sale signed by the parties showed a total area of 1,200 square meters due
the secretary's mistake. Later, S discovered the mistake. What remedy is
available to either party?
a. Annulment
b. Reformation
c. Rescission
d. Declaration of nullity of the contract
160. P the owner of a certain business, instructed A, his agent and manager
of the business to buy goods on credit from S. S issued a sales invoice where
A acknowledged receipt of the goods by signing thereon. P called S by phone
and promised to S that he (P) would pay for the goods on due date. S was
not paid on due date. Accordingly, he sued P for the price of the goods. P
raised the defense of unenforceability under the Statute of Frauds claiming
that a representation as to credit must be in writing.
a. The promise is enforceable against P although it was not in writing.
b. The promise is unenforceable against P because it was not in writing.
c. The promise is enforceable against A because it was he who signed the
invoice.
d. The promise may be enforced both against P and A since they are the
debtors in the transaction.
161. The following contracts, all of which are executory and not in writing,
are presented to you for evaluation:
I. Sale of a piece of land for P50,000.00.
II. Sale of a computer for P20,000.00.
III. Lease of a delivery truck at P1,000.00 per month for 2 years.
In your evaluation of the foregoing contracts:
a. I and II are unenforceable.
b. II and III are unenforccable.
c. I and III are unenforceable.
d. All contracts are unenforceable.
166. When a physician who takes improper advantage of his power over the
will of his patient in order to get the latter's consent to a contract between
the two of them, the contract will:
a. likely be voidable because of intimidation.
b. still be valid because the patient is merely returning the favor to his
physician who takes care of his health.
c. likely be voidable because of undue influence.
d. be void because of unlawful service.
172. On March 25, 2014, Orlando and Timoteo entered into a written contract
of lease whereby Orlando as lessor leased the third floor of his building to
Timoteo, lessee. The contract provides, among other terms and conditions,
the following: (a) The lessee shall give a rental deposit of two months
amounting to P40,000.00; and pay an advance rental of one (1) month
amounting to P20,000.00 upon the execution of the contract; (b) The lessor
shall keep the leased premises in tenantable condition throughout the period
of the lease which is from April 1, 2014 to March 31, 2016; (c) At the end of
the lease period, the lessor shall return the rental deposit to the lessee less
any amount of damage that may be caused on the leased premises by the
lessee.
Timoteo, pursuant to the contract, gave both the rental deposit and advance
rental to Orlando upon the execution of the contract. The contract between
Orlando and Timoteo is:
a. bilateral, nominate, onerous and commutative.
b. bilateral, innominate, onerous, and aleatory.
c. unilateral, nominate, gratuitous, and commutative.
d. unilateral, innominate, onerous and commutative.
173. Assume the same facts in No. 172 except that the contract was entered
into orally between Orlando and Timoteo. In such a case, the contract
between the parties is:
a. unenforceable.
b. voidable.
c.rescissible.
d. valid and enforceable.
175. D borrowed P50,000.00 from c. The debt, which is payable within one
year, is secured by a mortgage that D constituted on his lot. The mortgage is
recorded in the Registry of Property. C dies before the due date of the debt
and was not able to collect any amount of his loan receivable from D. He was
survived by S, his only son and heir. D, taking advantage of the situation,
sold the lot to T who was not aware of the mortgage constituted thereon.
a. The mortgage is not binding on T since he was not aware of it at the time
he bought the lot.
b. S, the son of C, has the right to collect the amount of the note from D, and
foreclose the mortgage if D cannot pay.
c. The mortgage is not binding on T since D was in bad faith when he sold
the lot to T.
d. The right to collect the loan was extinguished upon the death of C.
176. B entered into a contract for the purchase of 5 rolls of cloth worth
P20,000.00 from S. The materials which were. to be used by B in the making
of school uniforms, were scheduled for delivery within 7 days. On the
seventh day. s failed to deliver the cloth despite demands from B. As a result,
B could not meet his commitment to his customers and was threatened with
a court suit. S claimed that M from whom he ordered the cloth under a
contract that he (S) and M entered into, did not finish manufacturing the
product as scheduled in accordance with the terms of such contract. In this
case, B may not sue M for damages under the contract between S and M
under which principle of contract?
a. Principle of Liberality of Contract.
b. Principle of Relativity of Contract.
c. Principle of Consensuality of Contract.
d. Principle of Obligatory Force of Contract.
200. Erwin applied for an insurance with ABC Insurance Company. The
application required Erwin to undertake a physical examination. However,
since Erwin was suffering from asthma, he requested Edwin, his identical
twin brother who was very healthy, to go through the physical examination
and pretend that he was Erwin. ABC Insurance thus approved the insurance
policy believing that Erwin had a clean bill of health.
a. The fraud employed was dolo causante.
b. The fraud employed was dolo incidente.
c. The fraud committed is fraud in performance.
d. There was no fraud or misrepresentation at all because Edwin is
considered as an agent of Erwin.
203. S shipped his goods in the vessel of V. The goods were: destined for
Cebu. When the vessel reached Cebu, V hired T who owned a special
equipment for the unloading of the cargoes that included the goods of S. The
goods of S, however, fell into the sea while being unloaded because of the
negligence of the operator of the equipment.
a. S can go after T.
b. S can only go after V.
c. S can go after both T and V.
d. S cannot go after either T or V.
207. It refers to a contract wherein one party imposes a ready. made form of
contract, which the other may accept or reject, but which the latter cannot
modify.
a. Aleatory contract.
b. Contract of adhesion.
c. Auto-contract.
d. Innominate contract.
210. At the height of the flood, D saw C and his family bringing their personal
effects to a higher ground; He offered his help which was accepted.
Thereafter, C gave P500,00 to who was not expecting the payment. The
contract between D and C is:
a. onerous.
b. remuneratory.
c. gratuitous.
d. There was no contract at all.