CENTRAL PHILIPPINE UNIVERSITY College of Business and Accountancy Business Law 311a (Obligations and Contracts) Atty.

Ian Thomas M. Besana SPECIAL MIDTERM EXAM

Name Time

IIIIIIIV-

Score

I. IDENTIFICATION. Write the correct answer on the space provided before each number. (15pts.)

Set I
_____________1. An obligation which the object of which, in its delivery or performance is not capable of partial fulfillment. _____________2. An obligation which is not subject to any condition and is therefore immediately demandable. _____________3. A future and certain event upon the arrival of which the obligation subject to it either arises or is extinguished. _____________4. A condition the happening of which gives rise to the obligation. _____________5. The condition depends upon the will of one of the contracting parties. _____________ 6. Where a specific provision of law declares as indivisible obligations which, by their nature, are divisible. _____________7. A penal clause where both the principal obligation and the penal clause can be enforced. _____________8.One which contains an accessory undertaking to pay a previously stipulated indemnity in case of breach of the principal prestation, intended primarily to induce its fulfillment. _____________9. An obligation where several prestations are due but the performance of one is sufficient. _____________10. A period fixed by the courts. _____________11. Solidarity on the part of the debtors and creditors. _____________12. An obligation which is attached to a principal obligation and, therefore, cannot stand alone. _____________13. When a thing goes out of commerce or when a thing heretofore legal becomes illegal. _____________14. An obligation when only one party is obliged to comply with a prestation. _____________15. An obligation whose effects or consequences are subjected in one way or another to the expiration or arrival of said period or term.

Set II
What kind of obligation is: (5pts.) _____________________ a. I promise to pay to the order of B,C,D, P9,000. (Sgd. A) _____________________b. I promise to pay Noel or order the sum of P30,000 (Sgd. A, B, & C) _____________________c. Jeff and Luis obliged themselves to give Dana P50,000 on August 31, 2012 and P50,000 on September 30, 2012. _____________________d. We promise to give Renz a red Toyota car on October 31, 2012 (Sgd. Dave & Ariel) _____________________e. I promise to give Liza a white pony on December 31, 2012 (Sgd. Mike & Stephen)

Set III. Please choose the correct answer from the word bank. Write the letter only on the space provided.
(10pts.) a. Simple Obligation d. Conditional Obligation g. Legal Indivisibility j. Subsidiary Penal Clause b. Condition e. Facultative Obligation h. Casual Condition k. Impossible Obligation c. Passive Solidarity f. Solidary Divisible Obligation i. Period l. Principal Obligation

_____1. An obligation whose consequences are subject in one way or another to the fulfillment of a condition. _____2. A condition that is not capable of fulfillment, legally or physically. _____3. I promise to pay A the sum of P5,000 on August 31 and P5,000 on September 30 Signed by B & C, is an example of what kind of obligation. _____4. An obligation where there is only one prestation. _____5. An obligation where only one prestation is due but the debtor may substitute another. _____6. Where the nature of the object or prestation does not admit of division. _____7. An obligation which can stand by itself and does not depend for its validity and existence upon another obligation _____8. A penal clause where only the penalty can be enforced. _____9. It is a future and uncertain event, upon the happening of which, the effectivity or extinguishment of an obligation (or right) subject to it depends. _____10. A division which exists only in the mind of the parties.

II. TRUE OR FALSE. Write T if the answer is TRUE and F if the answer is FALSE. (10pts.) _____1. There is solidary liability only when the obligation expressly so states or when the law or the nature of the obligation requires solidarity. _____2. An obligation is presumed indivisible when there is only one creditor and one debtor. _____3. Mancomunada, pro rate, proportionately are words that indicate solidarity. _____4. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. Malice or fraud is not required. _____5. In alternative obligations, the right of choice belongs to the debtor, unless it has been expressly granted the creditor. _____6. When a thing disappears in such a way that its existence is unknown, or even if known, it cannot be recovered, it is considered as legal loss. _____7. When substitution has been made in facultative obligations, if the principal thing is lost, the debtor is not liable whatever may be the cause of the lost, because it is no longer due. _____8. In obligations with a penal clause, the amount of penalty fixed by law is the amount that can be recovered in case of breach. _____9. In alternative obligations, communication of the choice of either of the debtor or creditor as the case may be can be made thru SMS, Facebook, or Twitter. _____10. If a thing has been lost or if the prestation has become impossible due to the fault on the part of anyone of the solidary debtors, all shall be responsible for the price and the payment of damages and interest, without prejudice against the guilty or negligent debtor. III. ENUMERATION. Please enumerate the required answers. 1. When is an obligation converted into a simple obligation? (5pts.) 2. The general rule is that penalty takes the place of indemnity for damages and the payment of interests in case of non-compliance of the obligation. When may the creditor recover damages? (5pts) 3. When is an obligation considered solidary? (5pts) 4. Under Art. 1189, Cite the rules in case of loss, deterioration, or improvement of a thing during the pendency of a suspensive condition, when: (5pts.) a. The loss of the thing is without debtors fault: ______________________________________________________ _____________________________________________________________________________________________. b. The loss of thing is through debtors fault: _________________________________________________________ _____________________________________________________________________________________________. c. The thing deteriorated without the debtors fault: ____________________________________________________ _____________________________________________________________________________________________. d. The thing deteriorated with the debtors fault: ______________________________________________________ _____________________________________________________________________________________________. e. The thing is improved by nature or by time: ________________________________________________________ _____________________________________________________________________________________________. f. The thing is improved at the expense of the debtor: __________________________________________________ _____________________________________________________________________________________________. IV. PROBLEMS. Explain and state briefly the rule or reason for your answer. A mere YES or

NO answer will not be given any credit.

1. Angela, Pauline and Shirley, sold computer equipment to Korine. They solidarily bound themselves to deliver the equipment on a certain date. Through the fault of Shirley, the equipment was completely destroyed. Give the rights and obligations of the parties. (5pts.) 2. Vallery borrowed from Sherry P20,000. It was agreed that Vallery could comply with the obligation by giving Sherry P20,000 or an Ipad or a TV Set. Can Vallery compel Sherry to accept P10,000 and half of the Ipad to comply with her obligation? (5pts) 3. Under a contract Kaiser promised to deliver to Aldwin item one, or item two, or item three. Aldwin was given the right of choice. What is the liability of Kaiser in case through his fault: (10pts.) a. item two is lost or destroyed; b. all items are lost or destroyed.

-PLEASE WRITE YOUR ANSWERS AT THE BACK2