Bl.m-1402.Law on Contracts

8/19/2019 Bl.m-1402.Law on Contracts

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BL.M-1402

Law on Contracts

1. Essential requisites of a contract:

a. Consent

b. Causec. Subjectd. ll of t!e".

2. #a$"oon "a%es an offer to ndrew on &anuar$ 10' 2014. ndrew "a%es %nown !is

acce(tance in a letter sent &anuar$ 12' 2014 and recei)ed b$ #a$"oon on &anuar$ 20'

2014. Meanti"e' on &anuar$ 1*' 2014' #a$"oon beca"e insol)ent.a. +!ere is alread$ a "eetin, of "inds' t!e contract is (erfected.

b. +!e contract is )oidable because one (art$ is insol)ent.

c. +!e contract is )oid t!e offer bein, ineffecti)e.d. +!e contract is )oidable because one (art$ is inca(acitated.

. Based on t!e sa"e facts' ece(t S is not insane but onl$ a "inor at t!e ti"e t!e

acce(tance is co""unicated to !i".a. +!e contract is bindin, between t!e (arties.

b. +!ere is no "eetin, of "inds between t!e (arties' t!erefore )oid.c. +!e contract is not bindin, because t!e (art$ is inca(acitated.

d. +!e contract is unenforceable.

4. forced B to sell !i" !is rin,. B sued for annul"ent' but !ad alread$ lost t!e rin, t!ru

fortuitous e)ent. /s liable for loss

a. is not liable because t!e loss was wit!out !is fault.

b. is liable to (a$ da"a,es if !e cannot re(lace t!e rin,.c. is not liable to because no one s!all be res(onsible for t!e loss of a t!in, due to

fortuitous e)ent.

d. is liable for t!e loss e)en if it was due to fortuitous e)ent because of !is bad

fait!.*. Ele"ent w!ic! t!ere cannot be a contract is:

a. atural ele"ent

b. ccidental ele"entc. Essential ele"ent

d. ll of t!e abo)e

. 3!en t!e contract lac%s one of t!e essential ele"ents' t!e contract is:a. oidable

b. #escissible

c. oidd. ll of t!e abo)e

5. lt!ou,! contracts bind onl$ contractin, (arties' t!eir assi,ns and !eirs' in t!e followin,

instances' t!ird (ersons are bound t!ereb$:

a. /n case of sti(ulation (our autri

b. /n contracts creatin, real ri,!tsc. /n contracts intended to defraud t!e creditors

d. ll of t!e abo)e


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6. qualified acce(tance constitutes:

a. Counter offer

b. n absolute acce(tancec. "eetin, of "inds between t!e (arties

d. ll of t!e abo)e

7. +!e essential or i"(ellin, reason w!$ t!e (arties enter into a contract:a. Moti)e

b. 8rofit

c. Caused. ll of t!e abo)e

10. +!e state"ent of a false cause in contracts s!all render t!e contracts:

a. oidable

b. oidc. 9nenforceable

d. #escissible

11. Business ad)ertise"ents of t!e t!in,s for sale are:

a. efinite offer b. Counter offer

c. /n)itation to "a%e an offer d. cce(tance of t!e offer

12. contract w!erein bot! contractin, (arties are inca(able of ,i)in, consent and $et

ratified b$ t!e ,uardian of eit!er (arties is:

a. oidable

b. #escissiblec. 9nenforceable

d. oid

1. +!ese (ersons are bound b$ contracts ece(t:

a. ssi,ns b. ;eirs

c. +!ird (ersons

d. 8arties14. Liable for t!e loss of t!e subject "atter b$ fortuitous e)ent

a. Creditor

b. ebtor c. Bot! creditor and debtor

d. one of t!e abo)e

1*. alid' bindin, and enforceable until annulleda. #escissible contract

b. oidable contractc. oid ab initio contractd. alidable contract

1. 3!ic! of t!e followin, contract is )oidable

a. +!ose w!ere one of t!e (arties is inca(acitated.

b. +!ose w!ose object is outside t!e co""erce of "en.c. +!ose w!ic! are absolutel$ fictitious.

d. +!ose w!ic! conte"(late an i"(ossible ser)ice.


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15. +!ree of t!e followin, are )oid contracts. 3!ic! is t!e ece(tion

a. Contacts w!ere t!e cause is i""oral.

b. Contracts to (re)ent a %nown su((orter of a (olitical ri)al fro" )otin, for !is

candidate for a )aluable consideration.c. Contracts wit! )alid consideration but wit! unlawful "oti)es.

d. bsolutel$ si"ulated contracts.16. S orall$ leased to # !is (arcel of land for a ter" of two $ears. +!e contract is:

a. #escissible b. oidable

c. 9nenforceable

d. oid17. Contracts ta%e effect onl$ to t!e (arties' t!eir assi,ns and !eirs ece(t w!ere t!e ri,!ts

and obli,ations arisin, t!erefro":a. /s not trans"issible b$ t!eir nature.

b. /s not trans"issible b$ sti(ulation of t!e (arties.

c. /s not trans"issible b$ (ro)ision of law.

d. ll f t!e abo)e20. 3!ere da"a,es is caused to eit!er of t!e contractin, (arties or to a t!ird (erson' t!e

contract "a$ be:

a. #escinded

b. nnulledc. #efor"ed

d. #atified

21. n offer beco"es ineffecti)e if' before acce(tance is con)e$ed' eit!er (arties beco"e:

a. Ci)ill$ interdicted b. /nsane

c. /nsol)ent

d. ll of t!e abo)e22. Contracts entered into in a state of drun%enness or durin, !$(notic s(ell is:

a. oid

b. oidablec. 9nenforceable

d. #escissible

2. /f "ista%e' fraud or accident !as (re)ented a "eetin, of t!e "inds of t!e (arties' t!e

(ro(er re"ed$ is:

a. #efor"ation

b. #escissionc. nnul"ent

d. #esolution24. +!e followin, is an ea"(le of a real contract:

a. Contract of (led,e

b. Contract of de(osit

c. Contract of co""odatu"

d. ll of t!e abo)e2*. orall$ leased to B !is car for a ter" of 2 $ears. B !as not ta%en (ossession of t!e car

and !as not recei)ed an$ rental. +!e contract is:


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a. alid and bindin,

b. 9nenforceable

c. #escissibled. oidable

2. Based on t!e (recedin, nu"ber' if t!e object were a !ouse' t!e contract s!all be:

a. alid and bindin, b. #escissible

c. 9nenforceable

d. oidable25. /f t!e object were a (arcel of land' t!e contract is:

a. alid and bindin,

b. #escissible

c. 9nenforceabled. oidable

26. State"ent no. 1-s a rule' contracts ta%e effect onl$ between t!e (arties. State"ent no. 2-

Mere incidental benefit of t!e t!ird (erson is enou,! for sti(ulation (our autri to eist

(ro)ided !e acce(ts t!e sa"e.a. Bot! state"ents are true

b.


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b. alid' bindin, and enforceable

c. 9nenforceable as a,ainst B but not a,ainst

d. Ma$ be ratified e(ressl$ and tacitl$ b$ 4. borrowed a su" of "one$ fro" C wit! a certain rate of interest. C now wants to

increase t!e rate of interest wit!out t!e consent of . 3!at (rinci(le in contracts

(ro!ibits C fro" doin, soa. utono"$ of contracts b. #elati)it$ of contracts

c. Mutualit$ of contracts

d. >bli,ator$ force and co"(liance in ,ood fait!*. +!e followin, are attributes of a )oidable contract. 3!ic! is not

a. /t is bindin,' )alid and enforceable before annul"ent.

b. a"a,e is "aterial to be )oidable contract.c. /t can be ratified and ratification !as retroacti)e effect.

d. +!e ca(acitated cannot alle,e t!e inca(acit$ of t!e ot!er (art$.

. 3!ic! of t!e followin, can be considered as a feature of a )oid contract

a. Subject to ratification b. o)ation cannot a((l$

c. /t eists

d. ction or defense of nullit$ is subject to (rescri(tion5. S offers to sell !is !ouse to B for 8100'000. B as%s !i" if !e would acce(t 860'000.

3!ic! of t!e followin, is correct

a. Because of a"bi,uit$' bot! offers are ter"inated b$ o(eration of law.

b. B=s res(onse is a "ere inquir$' t!e 8100'000 offer b$ S is still t!ere.

c. B=s res(onse is a counter-offer effecti)el$ ter"inatin, t!e 8100'000 offer and

insti,atin, an offer for 860'000.

d. B=s res(onse is a rejection of t!e 8100'000 offer and t!ere is no offer for 860'000

because it is too indefinite to be an offer.6. 3!ic! of t!e followin, is not )alid

a. Mutual (ro"ise to "arr$ entered into orall$.

b. Sale of i""o)able (ro(ert$ orall$ entered into.

c. +!e sti(ulation is )oid because it is contrar$ to (ublic (olic$.d. >ne of t!e (arties in a contract is inca(able of ,i)in, consent.

7. n a,ree"ent in restraint of trade or establis!in, "ono(ol$ is:

a. 8erfectl$ )alid b. oidable

c. oid

d. 9nenforceable

40. >ne of t!e sti(ulations contained in t!e contract between M Co"(an$ and its e"(lo$ees

is t!at t!e co"(an$ s!all (a$ a bonus to e"(lo$ees of t!e co"(an$ w!o s!all continue its

e"(lo$"ent for at least 2 consecuti)e $ears' unless !e quits or is disc!ar,ed before t!e

e(iration of t!e (eriod of 2 $ears. ?' an e"(lo$ee of t!e co"(an$ was disc!ar,ed

wit!out just cause' just one wee% before t!e co"(letion of t!e two-$ear (eriod.a. ? is not entitled to t!e bonus because !is disc!ar,e was in accordance wit! t!e

contract.


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b. ? is not entitled to t!e bonus because t!e e"(lo$er=s ri,!t to ter"inate is su(erior

t!an t!e ri,!t of t!e e"(lo$ee to be e"(lo$ed.

c. ? is entitled to t!e bonus w!et!er t!e disc!ar,e is wit! or wit!out case.

d. ? is entitled to t!e bonus because t!e debtor co"(an$ !as )oluntaril$ (re)ented

t!e !a((enin, of t!e condition.

41. State"ent no.1- olo incidente entitles t!e (erson a,ainst w!o" it was e"(lo$ed to t!eri,!t to see% t!e annul"ent of t!e contract. State"ent no.2- sti(ulation (our autrui is an

ece(tion to t!e rule on relati)it$ of contracts

a. Bot! are true

b. o.1 is false@ no.2 is true

c. Bot! are trued. o.1 is true@ no.2 is false

42. Ea"(le no.1: S sold to B in a (ri)ate instru"ent !is land. Later' B wanted to !a)e t!e

sale re,istered but re,istration requires a (ublic instru"ent @ in !ere' B "a$ co"(el S to

eecute t!e needed (ublic instru"ent. Ea"(le no.2: S sold to B orall$ !is land. fter B

(aid S' !e wants to re,ister t!e in !is na"e but !e needed a (ublic instru"ent of sale. /n!ere' B "a$ co"(el S to eecute t!e needed (ublic instru"ent.

a. Bot! ea"(les are false

b. Bot! ea"(les are truec. >nl$ t!e first is true

d. >nl$ t!e second is true

4. Must be in writin, to be enforceable:a. Lease of land for 12 "ont!s

b. Lease of car for 16 "ont!s

c. Bot! a and bd. one of a and b

44. 3!ic! of t!e followin, is not (resu"ed to be le,al subro,ationa. 3!en a creditor (a$s anot!er creditor w!o is (referred

b. 3!en a t!ird (erson' not interested in obli,ation' (a$s wit! t!e a((ro)al of t!e

debtor.c. 3!en a t!ird (erson interested in t!e obli,ation (a$s e)en wit!out t!e a((ro)al of

t!e debtor.

d. one of t!e"4*. Statue of


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45. )erbal a,ree"ent was "ade between and B w!ereb$ a,reed to sell and B a,reed to

bu$ =s far" for 8100'000.00. +!e (rice was (aid. 8ossession was not ,i)en nor t!e deed

deli)ered. Bot! bein, refused. +!e contract is:a. #escissible

b. oidable

c. 9nenforceabled. oid

46. was forced b$ B to si,n a contract. C a creditor of wants to annul t!e contract. /s C

allowed b$ law to do so

a. o' because a t!ird (erson cannot assail a contract.

b. Aes' because t!e contract is )oidable and C is da"a,ed.

c. Aes' a t!ird (erson can annul a rescissible contract.d. o' because a t!ird (erson cannot assail a )oidable contract.

47. loan for 8600 was orall$ contracted. Ma$ t!e lender reco)er t!e su" lent

a. o' because t!e contract is unenforceable. b. Aes' because t!e contract is enforceable.

c. o' because t!e contract "ust be in writin, to be )alid.d. Aes' if t!e debtor ratifies t!e loan.

*0. /s a re"ed$ in equit$ b$ "eans of w!ic! a written instru"ent is "ade or constructed so

as to e(ress or confor" to t!e real intention of t!e (arties w!en so"e error or "ista%e

!as been co""itted

a. #atification b. #esolution

c. #efor"ation

d. ll of t!e abo)e*1. S and M a,reed in (rint t!at S' debtor for 80'000' will wor% as a ser)ant of M wit!out

(a$ until s!e could find "one$ wit! w!ic! to (a$ !er debt. S failed to co"(l$ wit! !er

obli,ation. 9nder t!is (re"ise' w!ic! of t!e followin, state"ent is correct

a. +!e a,ree"ent to wor% as a ser)ant is )oid because it is i""oral. b. +!e contract to wor% wit!out (a$ as a ser)ant until t!e debt is (aid is )oid.

c. +o act as a ser)ant wit!out (a$ is unconstitutional because t!is is equi)alent to

in)oluntar$ ser)itude.d. +!e a,ree"ent to wor% wit!out (a$ since written is enforceable.

*2. /n an in)itation to bid' B (ro(oses t!e followin,: / will bu$ t!e (ro(ert$ for 8100'000

and if t!e bid of an$ ot!er offer or s!all be considered t!e best in ter"s of a"ount and

conditions' / a" equal to t!at offer.a. +!e offer is s(eculati)e' because it cannot be considered as a,ainst anot!er offer

w!ic! is certain. b. +!e offer is considered a counter offer.

c. +!is is a continuin, offer w!ic! is )er$ certain.

d. +!e ad)ertiser is not bound to acce(t t!e !i,!est bidder.*. +!e s(an of ti"e w!erein a (erson is in (ossession' te"(oraril$' of all !is "ental

faculties:a. >(tion (eriod

b. 8rescri(ti)e (eriod


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c. Lucid inter)al

d. #e,le"entar$ (eriod

*4. +!e followin, contracts are )alid:a. #escissible

b. nnullable

c. 9nenforceabled. ll of t!e abo)e

**. and B "utuall$ (ro"ised to "arr$ eac! ot!er. +!e (ro"ise bein, )erbal and wit!out

witnesses to t!e (ro"ise. did not "arr$ B. B is now suin, for da"a,es. ecide.

a. +!e contract is unenforceable !ence is not liable.

b. +!e contract is unenforceable because "utual (ro"ise to "arr$ is co)ered b$ t!e

Statute of


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d. +!ose w!ose cause or object did not eist at t!e ti"e of transaction.

0. S owns an oil (aintin,. Bein, in need of "one$' S sold t!e (aintin, to B for 81'000. fter

t!e sale it was disco)ered t!at t!e (aintin, was )aluable and wort! 8*'000.

a. S "a$ rescind t!e contract due to lesion or inadequac$ of cause. b. S "a$ annul t!e contract because of t!e fraud.

c. B is entitled to t!e benefit of t!e contract because it is )alid and bindin,.d. S "a$ annul t!e contract on t!e ,round of error.

1. forced C to eecute a (ro"issor$ notea. Contract is rescissible because t!e contract is fraudulent.

b. +!e contract is )oid.

c. Contract re"ains to be )alid.d. C cannot de"and (a$"ent fro" because t!e contract is unenforceable.

2. "ade a donation to B. Later' contracted se)eral debts. 3!at !as left as assets are

"uc! less t!an !is (resent liabilities. Ma$ t!e donation be rescinded

a. o' because t!e debts were incurred after t!e donation !as been "ade.

b. o' if ,a)e a ,uarant$ or securit$ for !is debts.

c. Aes' because t!e donation is rescissible bein, in fraud of creditors.d. Aes' because !as beco"e insol)ent after t!e donation.

. ' director of ? cor(oration' t!rou,! an a,ent bou,!t t!e s!ares of stoc%s of anot!er

stoc%!older wit!out re)ealin, to t!e seller stoc%!older t!at ne,otiations were in (ro,ress

to en!ance t!e )alue of t!e s!ares. +!e sale is defecti)e contract bein,:a. oid' because of fraud co""itted b$ a,ainst t!e ot!er stoc%!older.

b. oidable due to t!e fraud' conceal"ent b$ a,ainst a fellow stoc%!older.

c. oidable because of "ista%e on t!e (art of t!e seller stoc%!older.d. #escissible because of t!e da"a,e suffered b$ t!e seller.

4. State"ent no.1- /f t!e cause is not stated in t!e contract it is (resu"ed t!at it is unlawful.

State"ent no.2- +!e action for rescission is subsidiar$ it cannot be instituted ece(t w!en

t!ere is no ot!er le,al "eans to obtain re(aration for da"a,es suffered.a. >nl$ t!e first is false

b. Bot! state"ents are true

c. Bot! are falsed. >nl$ t!e first is true

*. +o defraud !is creditor' sold !is !ouse to ?. 3!en !owe)er t!e creditor wanted to

collect !is credit' so"ebod$ lent enou,! "one$. /s t!e sale rescissible

a. Aes' because it was entered into in fraud of creditors.

b. o' because t!e creditor can collect t!e credit due !i".c. o' because t!e debtor !as beco"e in ,ood fait! w!en !e was lent enou,! "one$

to (a$ !is debts.d. Aes' because t!e debtor was in bad fait! w!en !e sold t!e !ouse to ?.

. and B entered into an oral sale of t!e for"er=s car for 81M w!ic! a"ount !as been

credited to !is ban% account alt!ou,! t!e car !as not $et been deli)ered to t!e latter. Can

B co"(el to eecute t!e deed of t!e sale of t!e cara. o' because t!e sale is unenforceable.

b. Aes' if used t!e "one$ (aid to !i".

c. o' because t!e sale is )oid.


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d. Aes' because it is enforceable.

5. L entered into a contract of "ort,a,e wit! ?. +' t!e cler% of L t$(ed t!e docu"ent. ue

to +=s ne,li,ence' t!e docu"ent "ade was t!at of sale instead of "ort,a,e.

a. +!e re"ed$ is annul"ent. b. #efor"ation of instru"ent is (ro(er.

c. 8arties "a$ ,o to court for inter(retation.d. 8arties "a$ enforce t!eir ri,!t because it is enforceable.

6. 3it!out aut!orit$ fro" ' B sold in B=s na"e t!e land of to ? w!o was in ,ood fait!.

+!e contract is:

a. alid sale (ro)ided B is t!e owner u(on deli)er$. b. oid because B was not t!e owner at t!e ti"e of t!e (erfection of t!e sale

c. 9nenforceable because B !ad no aut!orit$ to sell =s land

d. oidable because of t!e fraud co""itted b$ B a,ainst 7. Based on t!e (recedin, no.' if t!e sale in =s na"e t!e contract is:

a. oid' because B was not t!e owner at t!e ti"e of t!e (erfection of t!e sale

b. oidable because of t!e fraud co""itted b$ B a,ainst

c. 9nenforceable because B !ad no aut!orit$ to sell =s landd. alid sale (ro)ided B is t!e owner u(on deli)er$

50. sold to B a ,enuine of nl$ no.1 is rescissible

d. o. 2 is )oidable because t!ere is an error

5. +!ree of t!e followin, are rescissible' w!ic! is nota. Sale of (ro(ert$ under liti,ation "ade b$ defendant wit!out t!e consent of

(laintiff or aut!orit$ of t!e court.

b. Contract of sale and t!e (rice is unusuall$ inadequate resultin, to lesion.c. +!ose "ade to defraud creditors w!en t!e latter !a)e no ot!er "eans to reco)er

t!eir clai"s.


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d. +!ose a,reed u(on in re(resentation of absentees' if t!e absentee suffers lesion b$

"ore t!an of t!e )alue of t!e (ro(ert$ subject of t!e contract.

54. State"ent no.1- Contracts ta%e effect not onl$ between t!e (arties but also t!eir !eirs and

assi,ns and t!e !eir is liable be$ond t!e )alue of t!e (ro(ert$ !e recei)ed fro" t!e

decedent. State"ent no.2- /n sti(ulation (our autrui' t!e t!ird (erson "ust co""unicate

!is acce(tance or t!e sti(ulation before its re)ocation.a. Bot! state"ents are correct. b. Bot! state"ents are incorrect.

c.


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b. +!e contract is )oid if not!in, re"ains of t!e in!eritance to be turned o)er to B.

c. +!e contract is rescissible.

d. Contract is )oid' future in!eritance cannot be t!e object of sale.60. +!e followin, are attributes of a rescissible contract' ece(t:

a. /t is )alid and rescinded.

b. /t is a (rinci(al re"ed$ of t!e creditor to collect !is credit.c. a"a,e or lesion is absolutel$ "aterial.

d. +!ird (erson w!ose interest is affected "a$ as% for rescission.

61. B co"(an$ bou,!t out a co"(etitor' C cor(oration' wit! a sti(ulation t!at C cor(oration

s!ould not t!ereafter en,a,e in an$ business in t!e 8!ili((ines unless consented to and

a((ro)ed b$ B Co"(an$.

a. +!e sti(ulation is defecti)e subject to ratification.

b. +!e sti(ulation is )alid because t!e (arties are free to enter into an$ sti(ulation'

ter"s and conditions suc! as t!is one.

c. +!e sti(ulation is unenforceable as t!ere was no s!owin, t!at t!e sale was done in

writin,.

d. +!e sti(ulation is )oid because it is contrar$ to (ublic (olic$.62. 3!ic! of t!e followin, contracts is not )oid ab initio

a. +!ose w!ose object is outside t!e co""erce of "en.

b. +!ose underta%en in fraud of creditors.

c. +!ose w!ose object did not eist at t!e ti"e of transaction.d. +!ose w!ic! conte"(late an i"(ossible ser)ice.

6. /n a contract of sale eecuted b$ S and B' a((ears S sold !is "otor )e!icle to B for

8*0'000. /t turned out !owe)er' S !as t!ree "otor )e!icles. Dallant )alued 860'000' ;i-

ace an )alued 850'00. and a jee( )alued at 80'000. 3!ic! of t!e followin, is correcta. +!e contract s!all be refor"ed because t!ere was "ista%e.

b. +!e (arties can as% for inter(retation because t!e word "otor )e!icle is

a"bi,uous.

c. +!ere is no contract.d. +!e (arties can as% for annul"ent of t!e contract.

64. S sold to B a fa%e 201 "odel Lebron &a"es (air of s!oes on


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d. +!e t!ird (erson co""unicated !is acce(tance to t!e obli,or before its

re)ocation.

6. /n t!ree of t!e followin, contract is cleansed of its defect b$ ratification. 3!ic! is not so

ratified

a. Contract entered into b$ a (erson inca(able of ,i)in, consent.

b. Sale of c!attels orall$ entered into for a (rice not less t!an fi)e !undred (esos.c. Contract w!ere t!e creditor was da"a,ed b$ t!e act of t!e debtor w!o intended to

defraud !i".d. Lease of real (ro(ert$ for "ore t!an one $ear orall$ entered into.

65. /f t!e doubts are cast u(on t!e (rinci(al object of t!e contract in suc! a wa$ it cannot be

%nown w!at "a$ !a)e been t!e intention or will of t!e (arties. +!e contract s!all be:a. oidable due to lac% of "eetin, of "inds

b. /nter(reted for t!ere is doubt

c. #efor"ed to e(ress t!e true intention of t!e (arties.d. oid

66. n offer "ade t!rou,! an a,ent is acce(ted fro" t!e ti"e acce(tance is co""unicated

to:

a. Bot! t!e (rinci(al and t!e a,ent

b. +!e (rinci(alc. +!e a,ent

d. +!e !ouse!old "e"ber of t!e fa"il$

67. entered into a contract of "ort,a,e. ;owe)er' as written t!e docu"ent states it is a

contract of sale wit! ri,!t of re(urc!ase' t!e error due to t!e fault of t!e cler%Ft$(ist.

;ence:

a. +!e contract of sale "ust be annulled since it is )oidable.

b. +!e instru"ent !as to be enforced as it is t!e (roof of t!e a,ree"ent between t!e

(arties.c. Because of t!e ne,li,ence of t!e (arties in si,nin, wit!out first readin, t!e

instru"ent' t!e$ are bound b$ t!e contents of t!e sa"e.

d. +!e instru"ent "a$ be refor"ed because it does not e(ress t!e true a,ree"ent

of t!e (arties.

70. #a$"undo' bac!elor Certified 8ublic ccountant' inflicted (!$sical injuries to Bibi

Dandan, #e$na. 9(on learnin, t!is' &uan #e$na' t!e fat!er of Bibi Dandan, #e$na' was

able to force #a$"undo to "arr$ !er under (ain of bein, sued in t!e 8rofessional

#e,ulation Co""ission for re)ocation of !is licensce. 3!ic! state"ent is correcta. +!ere was no defect' t!e "arria,e was (erfectl$ )alid.

b. +!e "arria,e "a$ be annulled on t!e ,round of force or )iolence.

c. +!e "arria,e "a$ be annulled on t!e ,round of t!reat and inti"idation.d. +!e defecti)e "arria,e "a$' !owe)er' be ratified.

71. D was a((ointed ,uardian of S' t!e latter bein, 15 and G $ears old. S sold !is (arcel of

land in writin, to B )alued at 8100'000 for 8*'000 sufferin, lesion b$ "ore t!an of

t!e )alue. 3!at is t!e status of t!e contracta. oidable

b. #escissible


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c. 9nenforceable

d. oid

72. and B a,reed on &une ' 2012 t!at B will construct t!e !ouse of on Marc! 2014. +!e

contract was orall$ entered into. B recei)ed a down (a$"ent fro" wit! t!e balance

(a$able after co"(letion of t!e !ouse. +!e contract is:

a. oidable because it is not in (ublic instru"ent b. 9nenforceable because it is not in writin, and $et (erfor"ance t!ere is after one

$ear fro" (erfection.c. Enforceable e)en if not in writin,' !a)in, been ratified.

d. oid because it is not in writin, as required b$ law.

7. Contract w!ic! cannot be sued u(on unless ratified' t!us as if t!e$ !a)e no effect $et:

a. oidable b. #escissible

c. 9nenforceable

d. oid74. orall$ sold to B !is !ouse at 1 Hi%o St' Malate' Manila. /n t!e written deed of sale'

bot! for,ot t!e true nu"ber of t!e !ouse and instead wrote on t!e contract' 16 Hi%o St'

Malate' Manila. +!e re"ed$ s!all be:

a. nnul"ent of a )oidable contract because of "utual "ista%e. b. #efor"ation of instru"ent because of "utual error.

c. #efor"ation of instru"ent because of lac% of "eetin, of "inds.

d. eclaration of nullit$ of t!e contract because of t!e uncertaint$ of t!e intention as

to t!e object.

7*. 3!ic! of t!e followin, is correct

a. n action to enforce judiciall$ a natural obli,ation (rescribes in 4 $ears. b. n action for annul"ent is i"(rescri(tible.

c. n action to declare a contract )oid is not subject to (rescri(tion.

d. n action for rescission of contract (rescribes in fi)e $ears counted fro" t!e

eecution of t!e contract.7. State"ent no.1- /f one (art$ was "ista%en and t!e ot!er acted fraudulentl$ or inequitabl$

in suc! a wa$ t!at t!e instru"ent does not state t!eir true intention' t!e for"er "a$ as%

for t!e annul"ent of t!e instru"ent. State"ent no.2- +!e state"ent of a false cause in

contracts s!all render t!e" )oid if it s!ould not be (ro)en t!at t!e$ were founded u(on

anot!er cause w!ic! is true and lawful.a. o. 1 is false@ no. 2 is true

b. Bot! are true

c. Bot! are false

d. o. 1 is true@ no. 2 is false75. State"ent no. 1- t!reatened B wit! an ad"inistrati)e c!ar,e for i""oralit$ if t!e latter

does not "arr$ !er because s!e is alread$ (re,nant wit! t!eir c!ild.


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b. Bot! state"ents are true.

c.


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104. S sold to B !is (arcel of land wort! one "illion (esos for onl$ !alf a "illion

(esos. fter t!e sale and realiIin, !is da"a,e' S is now see%in, to set aside t!e sale.

ecide:a. +!e contract is )oidable because of "ista%e of t!e seller.

b. +!e sale is )alid' bindin, and enforceable because as a rule' lesion or inadequac$

of cause or (rice in sale does not in)alidate a contract.c. /t is rescissible because of t!e lesion or da"a,e suffered b$ S.

d. S !as t!e ri,!t for an increase in t!e (rice to (re)ent unjust enric!"ent on t!e (art

of B.

10*. sold in writin, to B !is stereo set for 8!( 00.00. +!ere is no deli)er$ fro"

and no (a$"ent of t!e (rice fro" B. Contract is:

a. Enforceable b. oidable

c. 9nenforceable

d. oid

10. bein, t!e eldest' sold t!e "inor sister=s (arcel of land in t!e na"e of t!e latter

and b$ )irtue t!ereof' t!e latter was able to finis! !i,! sc!ool. +!e contract is:

a. oid b. 9nenforceable

c. #escissible

d. oidable105. 3!en !is fat!er died but before t!e deli)er$ of t!e (ro(ert$ to !i"' a son sold !is

s!are of t!e (ro(ert$ in!erited. /s sale )alida. o' because future in!eritance cannot be sold.

b. Aes' because future in!eritance can be object of t!e contract.

c. o' because t!e son was not t!e owner due to lac% of deli)er$ to !i".

d. Aes' because w!at !as been sold is (resent in!eritance.106. and B a,reed on a contract of (led,e. ;owe)er' t!e$ entered into a contract of

"ort,a,e in t!e !onest belief t!at t!e "ort,a,e and (led,e are t!e sa"e. Ma$ t!e

instru"ent be refor"ed:a. o' t!e docu"ent cannot be refor"ed since t!e contract is )oid.

b. o' it cannot be refor"ed because t!ere was no "eetin, of "inds between t!e

(arties and t!e re"ed$ is annul"ent of contract.c. o' it cannot be c!an,ed. +!e$ are bound b$ t!e docu"ent w!ic! s(ea%s for

itself.

d. Aes' it cannot be refor"ed because it does not e(ress t!e true a,ree"ent of t!e

(arties.

107. State"ent no.1- /n case of doubt' a contract (ur(ortin, to be sale s!all be

construed as "ort,a,e. State"ent no.2- /n annul"ent of contracts' t!ere s!all alwa$s be

"utual restitution of bot! (arties t!ereof.

a.


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110. 3!ic! one of t!e followin, constitutes fraud

a.


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b. cannot reco)er t!e "one$ because t!e contract is unenforceable.

c. o reco)er$ and bot! and B will be (rosecuted for t!eir cri"e.

d. can reco)er t!e "one$ alt!ou,! t!e contract is )oid since t!e cri"e was not

co""itted.115. State"ent no.1- /f t!e cause is not stated in t!e contract it is (resu"ed t!at it does

not eist and t!erefore t!e contract is )oid. State"ent no.2- /n order t!at a contrar$ "a$ be )oidable ' t!ere "ust be da"a,e.

a. Bot! state"ents are true. b. Bot! state"ents are false.

c.


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b. C cannot as% for t!e rescission of t!e sale.

c. C "a$ as% for da"a,es a,ainst S since !e was da"a,ed b$ t!e sale.

d. C can file an action for t!e rescission of t!e sale.12. ? is a for"er ,o)ern"ent e"(lo$ee' suffered fro" se)ere (aranoia and was

confined in t!e "ental !os(ital in 2000. fter !is release' !e was (laced under t!e

,uardians!i( of !is wife to enable !i" to ,et !is retire"ent (a$. /n 2004' !e beca"e a"inin, (ros(ector and sold so"e "inin, clai"s. /n 200' !e wants to annul t!e sale

clai"in, t!at !e was not "entall$ ca(acitated at t!e ti"e of sale. +!e sale in question

was:a. #escissible

b. oid

c. oidabled. alid

124. S was inti"idated b$ B to sell to t!e latter !is (arcel of land at a )er$ low (rice.

C' t!e creditor of S was t!us da"a,ed since t!e for"er !as no ot!er "eans of collectin,

fro" S. +!e re"ed$ of S isa. #escission

b. ;a)e it declared b$ t!e Court as )oid

c. nnul"ent

d. #efor"ation of t!e contract12*. State"ent no.1- /n )oidable contracts' t!ere is no need to ratif$ t!e sa"e before

t!e$ can be considered )alid. /n unenforceable contracts' !owe)er ratification is

"andator$ before t!e$ can be considered enforceable. State"ent no.2- +!ere is undue

influence if insidious or "ac!inations was e"(lo$ed b$ a (art$ on t!e ot!er just to obtain

t!e latter=s consent' wit!out w!ic! t!e latter would not !a)e entered into t!e contract.

a. Bot! are true

b. Bot! are falsec. o. 1 is true@ no. 2 is falsed. o. 1 is false@ no. 2 is true

12. S orall$ sold to B a (arcel of land for w!ic! t!e latter (aid 81M. B now wants to

re,ister t!e sale so t!at !e can !a)e a +ransfer Certificate of +itle in !is na"e. ecide.

a. S cannot be co"(elled to eecute t!e (ublic docu"ent of sale because t!e sale is

unenforceable.

b. +!e sale is )oid and t!erefore cannot be re,istered.

c. S cannot be co"(elled to eecute t!e (ublic docu"ent of sale because t!e sale is

)oidable.

d. S can be co"(elled to eecute t!e (ublic docu"ent of sale because t!e sale isenforceable.

125. >n &anuar$ 20' 2002 and B a,reed )erball$ to for" a (artners!i( on &anuar$

2*' 2004.

a. +!e contract is )oid because future (ro(ert$ can=t be contributed to a uni)ersal

(artners!i( of all (resent (ro(ert$.

b. /t is )oidable if t!e (arties "arr$ eac! ot!er before t!e$ for" t!e (artners!i(.c. oid because t!ere is no (ublic instru"ent of t!eir a,ree"ent.


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d. 9nenforceable because it is not in writin,.

126. +!ree of t!e followin, are objects of contracts' ece(t:

a. +!ose t!in,s wit!in t!e co""erce of "en. b. /ntrans"issible ri,!ts

c. Ser)ices w!ic! are not contrar$ to law' "orals' ,ood custo"s.

d. ;eredit$ ri,!ts127. State"ent no.1- >ne of t!e (arties at t!e ti"e of "a%in, t!e offer or acce(tance

was alread$ insane' t!e contract is )oidable. State"ent no.2- /f before t!e acce(tance is

con)e$ed to t!e offeror' eit!er of t!e (arties beco"es insane' t!e contract is )oid' t!at is'

t!e offer is noneffecti)e.

a. Bot! state"ents are incorrect.

b. Bot! state"ents are correct.c.


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c. +!e contract s!all be enforceable if it !as been eecuted.

d. +!e contract is enforceable because did not "a%e a s(ecial (ro"ise to answer

for t!e default of anot!er (erson.

14. 3!ic! of t!e followin, contract is rescissiblea. +!ose w!ere one of t!e (arties is inca(able of ,i)in, consent to a contract.

b. +!ose w!ic! are entered into b$ ,uardians w!ene)er t!e wards w!o" t!e$re(resent suffer a lesion of "ore t!an of t!e )alue of t!e object of t!e contract.

c. +!ose w!ere bot! (arties are inca(able of ,i)in, consent to a contract.

d. +!ose w!ic! are absolutel$ si"ulated or fictitious.

Su,,ested nswers:

1.

2. C.

4.

*. C. C

5.

6.

7. C10. B

11. C

12. 1. C

14.

1*. B

1. 15. C

16. C17.

20.

21.

22. B2. C

24.

2*. 2. C

25. C

26. 27.

0. B

1.

2. C. B

4. C

*. B

. B5. B

6. C

7. C40.

41. B

42. B

4. 44.

4*.

4. B45. C

46.

47. B

*0. C*1. B

*2. *. C

*4.

**. C

*. C*5. B

*6.

*7. B0. C

1. C

2. . B

4.

*. B

. 5. B

6.

7. C

50. 51. B

52. B

5. B54.

5*. C

5.

55. 56. B

57. B

60. B61.

62. B

6. C

64. B6*. B

6. C65.

66. C

67.

70. 71.

72. C

7. C74. B

7*. C

7. 75.

76. C

77.

100. B101. B

102. B


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10. C

104. B

10*. 10. B

105.

106. B107. B

110.

111. 112. C

11. C

114. C

11*.

11. 115. B

116. B

117. B120.

121.

122. B12.

124. C

12*. C

12.

125. 126. B

127. C

10. 11. B

12. B

1. 14. B


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135.

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Bl.m-1402.Law on Contracts

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