final exam

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OBLIGATIONS AND CONTRACTS NAME:______________________________________________________________ __________ SECTION_____________________________ DATE: _____________________________ I. IDENTIFICATION 1. ____________________It is a meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. 2. ____________________ A preparatory contract in which one party grants to the other, for a fixed period and under specified conditions, to decide whether or not to enter into a principal contract. 3. ____________________ Remedy by means of which a written instrument is made or construed so as to express or co form to the real intention of the parties when some error or mistake has been committed. 4. _____________________ Contracts which are valid but are defective because of injury or damage to either of the contracting parties or to third person. 5. _____________________ Contracts which possess all the essential elements for validity but the consent is vitiated. 6. _____________________ Contracts which have absolutely no force and effect and are inexistent from the very beginning. 7. ______________________ Contracts which cannot be enforced in court or sued upon by reason of defects provided by law until and unless they are ratified accordingly. 8. ______________________ Means stipulation in favor of third person. 9. ______________________ Means let the buyer beware. 10. ______________________ Means both parties are at fault. II. TRUE OR FALSE 1. _____________ Voidable contracts cannot be ratified. 2. _____________ Contracts entered into during lucid interval are voidable. 3. _____________ Consensual contract are not perfected until delivery of the object of the obligation. 4. _____________ Real contracts are perfected by mere consent.

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Final Exam

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OBLIGATIONS AND CONTRACTSNAME:________________________________________________________________________SECTION_____________________________ DATE:_____________________________I. IDENTIFICATION1. ____________________It is a meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.2. ____________________ A preparatory contract in which one party grants to the other, for a fixed period and under specified conditions, to decide whether or not to enter into a principal contract.3. ____________________ Remedy by means of which a written instrument is made or construed so as to express or co form to the real intention of the parties when some error or mistake has been committed. 4. _____________________ Contracts which are valid but are defective because of injury or damage to either of the contracting parties or to third person.5. _____________________ Contracts which possess all the essential elements for validity but the consent is vitiated.6. _____________________ Contracts which have absolutely no force and effect and are inexistent from the very beginning. 7. ______________________ Contracts which cannot be enforced in court or sued upon by reason of defects provided by law until and unless they are ratified accordingly. 8. ______________________ Means stipulation in favor of third person. 9. ______________________ Means let the buyer beware. 10. ______________________ Means both parties are at fault.

II. TRUE OR FALSE1. _____________ Voidable contracts cannot be ratified. 2. _____________ Contracts entered into during lucid interval are voidable.3. _____________ Consensual contract are not perfected until delivery of the object of the obligation. 4. _____________ Real contracts are perfected by mere consent. 5. _____________ Void contracts cannot be ratified. 6. _____________ The action or defense for the declaration of the inexistence of void contract does not prescribe. 7. _____________ Qualified acceptance is considered a counter-offer.8. _____________ Dolocausante shall make a contract voidable. 9. _____________ Doloincidente only obliges the person employing it to pay damages. 10. _____________ Unless it appears otherwise, a business advertisement is merely an invitation to make an offer.

III. Multiple Choice1. Before acceptance is conveyed, an offer becomes ineffective upon the: a. Deathd. insolvency of either partyb. Civil interdictione. all of the abovec. Insanity2. Reluctantly and against her good sense and judgment, Rosemarie entered into a contract for the delivery of five tables to Corazon for a price of P5000. Contract is:a. Voidc. Unenforceableb. Voidabled. Valid3. Which is the least defective contract:a. Rescissible contractc. Unenforceable contractb. Voidable contract d. Void contract4. G was appointed guardian of S, the latter being 16years 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. Rescissiblec. Enforceableb. Unenforceabled. Voidable5. Three of the following contracts are void. Which is the exception?a. Those whose cause, object, or purpose is contrary to laws, morals, good customs, public order or public policyb. Those whose absolutely simulated or fictitiousc. Those whose 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.6. A contract where both parties are incapable of giving consent is:a. Rescissibled. Voidb. Voidablee. none of the abovec. Unenforceable7. A contract whereby the offeree is given by the offeror a certain period of time which to buy or not to buy a certain thing for a certain price is called:a. Option contractc. Contract to sellb. Contract of saled. Barter8. D id 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 simulatedb. The contract is rescissiblec. The contract is merely voidabled. The contract is void9. Which of the following contract is voidable?a. Those whose object is outside the commerce of men.b. Those which are absolutely fictitious.c. Those where one of the parties is incapacitatedd. Those which contemplate an impossible service.10. Three of the following transactions are void, which is the exception?a. Oral contract of partnership the capital is P3,000 or more.b. Contracts in writing contemplating impossible service.c. Authority of the agent orally made in sale of immovable property.d. Oral contract of partnership whenever immovable property is contributed.11. Which of the following is not subject to reformation?a. Simple donations inter vivos wherein no condition is imposedb. Willsc. When the real agreement is voidd. All of the above12. Simulation of contract absolute or relative. Relative when:a. Parties not bound at allb. The contract is voidc. The parties conceal their true agreementd. None of the above13. Which of the following is not enforceable even if not reduced in writing:a. Contract executed by one of the parties in a contract.b. Representation as to the credit of a third personc. Lease of immovable for a period longer than one yeard. Agreement for the sale of immovable property14. A intimidated B to marry his daughter. After a year, B would like to file action for annulment but could not do so because A was around to intimidate him. The marriage contract is:a. Rescissiblec. Voidb. Voidabled. Unenforceable15. Type of defective contract that create rights and impose no obligation, but are susceptible of ratification.a. Voidablec. Rescissibleb. Unenforceabled. Void16. A contract where one of the contracting parties is incapable of giving consent is:a. Rescissibled. Voidb. Voidablee. None of the abovec. Unenforceable17. Valid until annulled unless there has been ratification.a. Rescissible contractc. voidable contractb. Inexistent contractd. None of the above18. Contract which has no effect at all and cannot be ratified is:a. Unenforceable c. Voidableb. Voidd. All of them19. Contract that is made for valuable consideration is:a. Onerousc. onerous and gratuitousb. Gratuitousd. none of the above20. 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 agentb. Business advertisement of things for salec. Advertisement for biddersd. All of the above

IV. ENUMERATION1. Characteristics of Contracts. 2. Who are the persons incapacitated to give consent.3. What are the vices of consent.4. What are the essential requisites of contract.5. Kinds of defective contracts

PREPARED BY:CHECKED BY:APPROVED BY:ATTY. MARICEL A. RAMIL, CPAJONATHAN B. DE VEYRA, MBA, CPAVIVIEN R. MAURICIO, M.A. Ed. Instructor Dept. Chair-CBADean-COC