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Obligations, Contracts & Intellectual Property Law

1. When two persons in their own right are creditors and debtors of each other
a. Confusion b. Compensation c. Novation d. Condonation
2. This is not necessary in order that compensation may prosper
a. That the two debts are both due
b. That the two debts be liquidated and demandable
c. That the be a retention or controversy commenced by third persons and
communicated in due time to the debtor
d. Both debts consists in a sum of money, or if the things due are consumable,
they be of the same kind, and also of the same quality if the latter has been
stated
3. The substitution or change of an obligation by another, which extinguishes or
modifies the first
a. Confusion b. Compensation c. Novation d. Consignation
4. Novation which changes the object or the principal condition of the obligation
a. Real
b. Personal
c. Mixed
d. Partial
5. Expromission, delegacion or subrogating a third person in the right of the creditor
a. Real
b. Personal
c. Mixed
d. Partial
6. Novation which changes the object and parties of the obligation
a. Real
b. Personal
c. Mixed
d. Partial
7. Substitution of debtor where the initiative comes from a third person
a. Delegacion
b. Expromission
c. Subrogation
d. Novation
8. Substitution of a debtor where the initiative comes from the debtor
a. Delegacion
b. Expromission
c. Subrogation
d. Novation
9. The transfer to a third person of all the rights appertaining to the creditor
a. Delegacion
b. Expromission
c. Subrogation
d. Novation
10.Legal subrogation is presumed in the following. Which is not correct?
a. When a third person, not interested in the obligation, pays with the approval
of the creditor
b. When a creditor pays another creditor who preferred, even without the
debtors knowledge
c. When a third person, not interested in the obligation, pays with the express
or tacit approval of the debtor
d. When, even without the knowledge of the debtor, a person interested in the
fulfillment of the obligation pays, without prejudice to the effects of confusion
as the latters share.
11.A owes B P10,000 with C as a guarantor, A paid P4,000 leaving P6,000 unpaid
balance. D without knowledge of A, paid B the sum of P10,000. As a result of this
payment.
a. The obligation is not extinguished as the payment is without the consent of A.
b. The obligation is extinguished but D cannot recover from A instead he should
go after the guarantor.
c. Thee obligation is extinguished but D can recover only P6,000 from A and if A
cannot pay, D should demand payment from C.
d. The obligation is extinguished, but D cannot recover P10,000 but only P6,000
from A and if A cannot pay, he cannot go after C.
12.A has two creditors, B and C. B is a mortgage creditor for P20,000, and C is an
ordinary creditor for P10,000. C paid As debt of P20,000 to B.
1st statement If Cs payment is with As knowledge, C will subrogated in the rights
of B.
2nd statement If Cs payment is without As knowledge, C will not be subrogated in
the rights of B.
a. True, true b. True, false c. False, true d. False, false
13.I. In delegacion, the insolvency of the new debtor will not revive the original
debtors obligation
II. In expromission, the insolvency of the new debtor may at times revive the
original debtors obligation
a. True, true b. True, false c. False, true d. False, false
14.A deposited with B 100 cavans of palay at P10,000. A however, is indebted to B for
P10,000 which is already due. When A is withdrawing the palay. B refuses to deliver,
claiming compensation. Is B correct?

a. Yes, both obligations are due


b. Yes, considering that the value of the palay is equal to the amount of As
obligation
c. No, because there was no stipulation allowing compensation
d. No, because Bs obligation arose from a contract of deposit
15.A bought a car from B, a minor, for P100,000. One week later, A discovered that B
was a minor at the time of sale so he filed a complaint in court to annul the sale.
Will the action prosper?
a. Yes, B being a minor is incapacitated to enter into a contract
b. No, the right to annul the sale is given to B
c. Yes, B cannot file the action to annul the sale because he is a minor
d. No, unless there is lesion of more than of the value of the property
16.B borrowed from C P. 2M payable in one year. When C was in the province, C's 17
year old son borrowed P. 1M from B for his school tuition fee and allowance.
However the son spent it instead nightclubbing. When the debt fell due, B tendered
payment only for P. 1M claiming compensation on the P. 1M borrowed by C's son. Is
there legal compensation?
a. There is, because it gave the P. 1M to C's son for the latter's tuition and support.
b. There is none because the son of C did not spend the money for the tuition fee
and allowance for support.
c. There is, because of quasi-contract that obliges C to pay B for giving support to
his son.
d. There is none, because C is not the principal debtor of B and B is not the principal
creditor of C.
17.As a rule, if one party is incapable of giving consent the contract is voidable. But
when B, a minor bought some kilos of rice and other necessaries from S, the
contract is:
a. Rescissible
b. Unenforceable c. Voidable d. Valid
18.D is indebted to C in the sum of P200,000 due on January 27, 2011. To secure the
payment of his obligation, D mortgaged his land to C. On due date D did not pay his
debt. Without C's knowledge D has a car which he sold to B in order to hide of from
C. B had knowledge of such intention of D when he agreed to the sale. Decide.
a. The contract between D and B is rescissible
b. The contract is merely voidable
c. The contract is valid
d. The contract is unenforceable
19.X entered into a written contract with Y for the sale of his car at the price of
P210,000.00. Subsequently, F told X that the purchase price is very low as it can
command a price of at least P250,000.00. X wanted to increase the purchase price
of his car to P250,000.00. This cannot be done by X because of what principle of
contract?
a. Freedom or liberty of contract
b. Mutuality of contract
c. Relativity of contract
d. Consensuality of contract
20.A and B entered into a verbal contract whereby A agreed to sell to B his only parcel
of land for P1M, and B agreed to but at the aforementioned price. B went to the
bank, withdrew the necessary amount, and returned to A for the consumption of the
sale. A, however, had change his mind and refused to go through with the sale. Can
B compel A to accept the payment?
a. No, because the contract is void
b. No, the contract is unenforceable
c. Yes, because there was already a meeting of minds since sale is a consensual
contract perfected by mere consent
d. Yes, to prevent damage to B who was ready to pay as agreed upon
21.The bargaining point, that is, when negotiation is in progress
a. Consummation b. Conception
c. Perfection
d. Birth
22.The point where the parties have performed their respective obligations and the
contract is terminated
a. Preparation
b. Conception
c. Perfection
d.
Consummation

23.The contract must bind both contracting parties


a. Consensuality of contract
c. Mutuality of contract
b. Simplicity of contract
d. Relativity of contract
24.Not a characteristic of contract
a. Consensuality of contract
c. Mutuality of contract
b. Simplicity of contract
d. Relativity of contract
25.Contracts are generally effective only between the parties, their assigns and their
heirs
a. Consensuality of contract
c. Mutuality of contract
b. Simplicity of contract
d. Relativity of contract
26.When there is concurrence of offer and acceptance, there is
a. Payment
b. Consignation
c. Consent
d. Tender of
payment
27.They are the elements that are found in certain contracts and are presumed to exist
unless set aside by the parties
a. Accidental elements
c. Artificial elements
b. Natural elements
d. Incidental elements
28.A delivered his car to B for the latters use for one week without any compensation.
The cause of the contract is
a. The car of A
c. The period of one week
b. The generosity of A
d. The delivery of the car
29.The principle that contracting parties may establish such stipulations, clauses,
terms and conditions as they may deem convenient, provided they are not contrary
to law, moral, public policy and public order, refer to the principle of
a. Liberty of contract
c. Consensuality of contract
b. Relativity of contract
d. Mutuality of contract
30.A delivered his bracelet to B for Bs necklace. No written agreement was signed by
the parties. Which of the following is appropriate description of the contract
between A and B?
a. Onerous and bilateral
c. Bilateral and innominate
b. Onerous and innominate
d. Aleatory and nominate
31.The following instances will render an offer ineffective before acceptance is
conveyed. Which one will not? When one of the parties
a. Is civilly interdicted
c. Becomes insane
b. Becomes insolvent
d. Is placed under a hypnotic spell
32.An absolutely simulated or fictitious contract is
a. Void
b. Voidable
c. Rescissible
d.
Unenforceable
33.A contract where both contracting parties are incapable of giving consent is
a. Void
b. Rescissible
c. Unenforceable d. Voidable
34.The conception of a contract is when
a. There is meeting of the minds
c. When the contract is executed
b. When negotiations are in progress d. When the parties come to an
agreement
35.Contract which cannot be ratified
a. Rescissible
b. Voidable
c. Unenforceable
d.
Void
36.A is the guardian of B, a minor, B sold his land in writing to C valued at 1M for P.7M.
The sale is
a. Rescissible
b. Voidable
c. Unenforceable
d.
Void
37.Not a requisite for the validity of a contract
a. Consent
b. Object
c. Cause
d. Delivery
38.D forced C to sign a promissory note where C promises to pay D P100,000. The
correct amount should be P60,000. Which is correct?
a. The contract rescissible because there is lesion
b. The contract is unenforceable
c. D cannot demand payment from C because the contract is voidable
d. The contract is valid

39.If one party was mistaken and the other acted fraudulently or inequitably is such a
way that the instrument does not show their true intention, which one of the
following is correct/
a. The former may ask for reformation
b. The latter may ask reformation
c. Either the former or the latter may ask for reformation
d. The former may ask for annulment
40.Although validly agreed upon, courts can nullify this contract because of damage to
one of the parties or to a third person and its enforcement may cause injustice by
reasons of some externals facts
a. Rescissible contracts
c. Unenforceable contracts
b. Voidable contracts
d. Void contract
41.If mistake, fraud, accident or inequitable conduct has prevented a meeting of the
minds of the parties to a contract, the proper remedy is
a. Ratify the contract
c. Annulment of the contract
b. Ask for specific performance
d. Reformation of the contract
42.A stipulation in favor of a third person
a. Stipulation pour aurtrui
c. Assignment of credit
b. Interest rate
d. Pactum commissorium
43.Acceptance of an offer made by letter or telegram shall bind the offeror. From the
time the
a. Offeree accepted the offer
c. Acceptance came to knowledge of
the offeror
b. Offeree sent his letter or telegram d. Offeror made the offer
44.A contract where consent is given through mistake , violence, intimidation, undue
influence of fraud is
a. Rescissible
b. Voidable
c. Unenforceable
d.
Void
45.When in order to wrest consent, serious or irresistible employed, there is
a. Violence
b. Mistake
c. Intimidation
d.
Fraud
46.When one of the contracting parties is compelled by a reasonable and wellgrounded fear of an imminent and grave evil upon his person or property, upon or
the person or property of his spouse, descendants or ascendants to give his
consent, there is
a. Violence
b. Mistake
c. Intimidation
d.
Undue
influence
47.When through insidious words or machinations of one of the contracting parties, the
other is induced to enter into contract which, without them he would not have
agreed, there is
a. Fraud
b. Mistake
c. Intimidation
d.
Undue
influence
48.The process of intentionally deceiving others by producing the appearance of a
contract that really does not exist
a. Absolute simulation
b. Relative simulation
c. Fraud
d.
Misrepresentation
49.The process of intentionally deceiving others by producing the appearance of a
contract which is different from the true agreement
a. Absolute simulation
b. Relative simulation
c. Fraud
d.
Misrepresentation
50. Statement No. 1: In novation by expromission, there can be a revival of the
obligation if the new debtor turns out to be insolvent, and such insolvency is of
public knowledge.
Statement No. 2: A debtor paying a natural obligation to and in favor of a creditor
by mistake can still recover the same from the latter.
a.
b.

Both statements are true


Both statements are false

c.
d.

Statement No. 1 is false while statement no. 2 is true


Statement no. 1 is true while statement no. 2 is false

51.Three of the following instances will render an offer ineffective before


acceptance is conveyed. Which one will not?
a Civil interdiction of either party c. Insanity of either party
.
b Insolvency of either party
d Intoxication of either party
.
.
52.Payment made to a third person is valid to extinguish the obligation of the
debtor to the creditor in the following cases, except:
a After payment to the creditor, the third person acquires the creditors
. right.
b When the creditor ratifies the payment to the third person.
.
c When through the creditors conduct, the debtor was led to believe that
. the third person had authority to receive payment.
d When the third person is subrogated to the rights of the creditor.
.
53.N, R and J solidarily bound themselves to deliver to S a Honda motorcycle valued
at P 60,000. The obligation was not fulfilled through the fault of J. Thereupon, S
filed an action in court against N and the court awarded P 72,000 to S
representing the value of the motorcycle plus damages. Which of the following
situation is valid?
a If N pays S the P 72,000, N can collect R and J P 24,000 each
.
b S has to collect P 24,000 each from N, R and J to satisfy the courts
. award of P 72,000
c N can refuse to pay the penalty because it should be charged against J,
. the guilty party
d If S succeeds in collecting the P 72,000 from N, N in turn can collect
. from R P 20,000 and from J P 32,000

54.An obligation where various prestations are due but the performance of all of them is
required in order to extinguish the obligation is known as:
a Alternative obligation
c Conjunctive obligation
.
.
b Facultative obligation
d Simple obligation
.
.
55.Which of the following contacts is rescissible?

a
.
b
.
c
.
d
.

Contracts entered into during a hypnotic spell


Contracts entered into in a state of drunkenness
Contracts entered into to defraud creditors when the latter cannot collect the
claims due them
Contracts where both parties are incapable of giving consent

56.A, B, C and D, joint debtors, are obliged to give V, W, X, Y and Z, solidary creditors, P
20,000.00
a V may collect from B P 20,000
c V may collect from B P 5,000
.
.
b V may collect from B P 4,000
d V may collect from B P 1,000
.
.
57. A statutory grant which confers to an inventor or his legal successor, in return for the
disclosure of the invention to the public, the right for a limited period of time to exclude
others from making, using, selling or importing the invention within the territory of the
country that grants it
a. copyright
b. patent c. trademark
d. infringement
58.Any visible sign capable of distinguishing the goods or services of an enterprise..
a. copyright
b. patent c. trademark
d. infringement
59.A right over literary and artistic works which are original intellectual creations in the
literary and artistic domain protected from the moment of creation.
a. copyright
b. patent c. trademark
d. infringement
60.All of them below are non-patentable except one. What is it?
a. Discoveries, scientific theories and mathematical methods c. Industrial design
b.
body

Aesthetic creations

d. Methods for treatment of the human or Animal