BL 1 (Obligations and Contracts)

Final Examination

MULTIPLE CHOICE: 9. The contracts entered into by the persons who cannot
Choose the letter of the correct/best answer. give consent is:
a. void ab initio, because actually there is no consent
1. The contract must bind both contracting parties, its b. unenforceable only because the contract maybe
validity or compliance cannot be left to the will of one ratified
of them, and this is c. rescission because of the damage caused to the
a. mutuality of contracts person incapacitated
b. relativity of contracts d. voidable as there is consent although vitiated or
c. freedom of contracts defective
d. obligatory force of contracts 10. A defective contract because it is entered into in the
2. By this principle, contracts take effect only upon the name of another without or in excess of authority, or it
contracting parties, their assigns or successors in is verbal is:
interest a. unenforceable
a. mutuality of contracts b. void
b. relativity of contracts c. voidable
c. freedom of contracts d. rescissible
d. obligatory force of contracts 11. A defective contract because it is prohibited by law is:
3. Three of the following are essential elements of the a. void
contract, except: b. rescissible
a. cause of the obligation, which is established c. voidable
b. consent of the contracting parties d. unenforceable
c. motive of the parties 12. The following are still valid contracts except:
d. object certain, which is the subject matter of the a. void
contract b. voidable
4. A contract which does not have any specific name c. unenforceable
name or designation in law: d. rescissible
a. nominate contract 13. The following are void contracts, except
b. innominate contract a. A contract whereby X promised to give as the
c. commutative contract common-law-wife or Y without the benefit or
d. aleatory contract marriage in consideration of P1,000,000
5. The warranty against hidden defects in a contract of b. An agreement whereby A is to render service as a
sale is an example of: servant to B without compensation as long as A
a. natural elements has not paid him debt
b. accidental elements c. A stole the car of B. Later they entered into a
c. essential elements contract whereby B would not prosecute A in
d. original elements consideration of P1000,000
6. The following cannot give consent to a contract, d. A stipulation in a contract of lease whereby the
except: landlord can go to court to eject the tenant in case
a. minors, except sale of necessaries in life of failure of the latter to pay the rent agreed upon
b. insane persons 14. A, with a violence in her eyes, intimidated her husband
c. demented B to sell his exclusive property to her. The contract to
d. minors who represent themselves as of legal age to sell is
one in good faith. a. rescissible c. voidable
7. Which of the following is a definite offer? b. unenforceable d. void
a. Will you buy this watch I am wearing for P1,000? 15. Which of the following are rescissible contracts?
b. I am willing to buy your car. a. Those made by guardians when their wards suffer
c. I will consider the sale of my land to you for lesion by more than of the value of the things
P100,000. which are the object thereof.
d. Business advertisements of things for sale. b. Those where one of the parties is incapable of
8. A defective contract where damage or lesion is giving consent to a contract.
essential is: c. Those that do not comply with the Statute of
a. rescissible Frauds.
b. unenforceable d. Those which are absolutely simulated or fictitious.
c. voidable
d. void 16. Which of the following are void contracts?
a. Those made by guardians when their wards suffer
lesion by more than of the value of the things
which are the object thereof.
b. Those where one of the parties is incapable of
giving consent to a contract.
 c. Those that do not comply with the Statute of
Frauds.
d. Those which are absolutely simulated or fictitious.
17. Which of the following are unenforceable contracts?
a. Those made by guardians when their wards suffer
lesion by more than of the value of the things
which are the object thereof.
b. Those where one of the parties is incapable of
giving consent to a contract.
c. Those that do not comply with the Statute of
Frauds.
d. Those which are absolutely simulated or fictitious.
18. Which of the following are voidable contracts?
a. Those made by guardians when their wards suffer
lesion by more than of the value of the things
which are the object thereof.
b. Those where one of the parties is incapable of
giving consent to a contract.
c. Those that do not comply with the Statute of
Frauds.
d. Those which are absolutely simulated or fictitious.
19. Sale upon credit by an insolvent debtor and evidence
of large indebtedness are some of the circumstances
that have been denominated by our courts as:
a. badges of fraud
b. badges of intimidation
c. badges of violence
d. badges of mistake
20. The rule which requires that certain agreements or
some note or memorandum thereof, shall be in writing
& subscribed by the party charged or by his agents;
otherwise such agreements shall be unenforceable by
action because evidence of the same cannot be
received without the writing, or a secondary evidence
of its contents:
a. Statute of Frauds
b. Statute of Intimidations
c. Statute of Mistakes
d. Statute of Limitations
TRUE OR FALSE:
Write TRUE if the statement is true; write FALSE if the
statement is false.
1. If the terms of a contract are clear, the literal meaning
of its stipulations shall control.
2. The words of the contract shall prevail over the
evident intention of the parties.
3. The contemporaneous & subsequent acts of the parties
shall be principally considered in order to ascertain
their intention,
4. Contracts shall not be understood to comprehend
things & cases distinct or different from that intended
by the parties.
5. If some stipulation of the contract has several
meanings, it shall bear that import which would render
it effectual.
6. The various stipulations of a contract shall not be
interpreted as a whole.
7. Omission or deficiency in a contract may be filled by
custom or usage of the place.
8. Obscure words or stipulations in a contract shall favor
the party who caused the obscurity.
9. Doubts in gratuitous contracts shall be settled in such a
way that the least transmission of rights & interests
shall prevail.
10. Doubts in onerous contracts shall be settled in favor of
the greatest reciprocity of interests.
ENUMERATION
30. 33. Classification of contracts according to
perfection.
34. 36. What may be the object of a contract.
37. 39. Characteristics of consent.
40. 44. Vices of consent.
45. 48. Kinds of defective contracts.
49. 50. Kinds of fraud in contracts.
things rights services consensual real formal
intelligent voluntary conscious dolo causante
dolo incidente fraud intimidation violence
undue influence mistake rescissible voidable
unenforceable void