1
Q
A contract which is perfected by mere consent.
A
Consensual
2
Q
A contract which is perfected only upon delivery of the thing.
A
Real
3
Q
A contract which require a certain form for its validity.
A
Formal
4
Q
A contract which can stand on its own, such as a contract of sale, barter, lease or loan.
A
Principal
5
Q
A contract which cannot stand on its own and are dependent upon other contracts for its validity.
A
Accessory
6
Q
A contract is a means to achieving an end, such as an option contract, a contract of partnership and that of agency.
A
Preparatory
7
Q
A contract where both parties are reciprocally obligated.
A
Bilateral
8
Q
A contract where only one party is obliged
A
Unilateral
8
Q
The entitlement of the other party to a prestation is dependent upon chance
A
Aleatory
8
Q
The prestation of one party is presumed equivalent of the value of the other
A
Commutative
9
Q
A process designated to render inefficacious a contract validly entered into and normally binding, by reason of external conditions, causing an economic prejudice to a party or his creditors.
A
Rescission
10
Q
A primary remedy which can be availed of by the parties and does not require lesion as a ground therefore but will require non-performance or non-fulfillment of the obligation or when there is substantial breach.
A
Resolution
11
Q
contracts which are valid until they have been annulled by proper action in court. However, they are likewise subject to ratification to cure the defect, in which case, no annulment can no longer prosper.
A
Voidable Contracts
12
Q
This renders the contract non-existing, as if it was never entered into.
A
Annulment
13
Q
This is a defective contracts that are valid although not binding until ratified. They are contracts that for some reason cnanot be enforced, unless ratified in the manner provided by law.
A
Unenforceable Contracts
14
Q
A kind of uneforceable contracts which entered into in the name of a person by one who has been given no authority or legal representation, or who has acted beyond his powers.
A
Unathorized Contracts
15
Q
contract which is either inexistent, or illegal or illicit. They are defective contracts that are invalid and therefore not binding and considered an absolute nullity and produce no effect, as if they had never beene xecuted or entered into and cannot be ratified.
A
Void Contracts
16
Q
This contract has a particular name designated and rules particular to them.
A
Nominate
17
Q
Such as a contract of sale, barter, lease and simple loans or mutuum with stipulation for interest
A
Onerous
18
Q
Such as a donation and commodatum
A
Gratuitious or lucrative
19
Q
Where one prestation is given for a benefit or service that had been rendered previously
A
Remuneratory
20
Q
A contract which has been performed. It is a contract not covered by the Statute of Fraud
A
Executed
21
Q
A contract which do not have particular designation.
A
Innominate
22
Q
It involves preliminary negotiation and bargaining discussion of terms and conditions, with no arrival yet of a deinite agreement.
A
Negotiation (Preparation of conception or generacion)
23
When the parties have already come to a definite agreement on adefinite subject matter and valid cause and all the essential elements are present
Perfection (or birth)
24
The terms of the contract have already been performed or that the contract has been fulfilled resulting in its accomplishment.
Consummation (or death or termination )
25
A stipulation which excludes on eor more aprtners from any share in the profits or losses.
Pactum leonina
26
A stipulation where the creditor appropriates the things given by way of pledge or mortgage, or dispose them
Pactum Commisorium
27
A stipulation forbidding the ownere from alienating the immovable mortgaged
Pactum de non aliendo
28
One person is responsible for the perfection of the ocntract, but this person is acting in two capabilities, one on behald of himself, one on behalf of another.
Auto contracts
29
Where one or both the parties did not intend to be bound by the contract
Absolute simulation
30
If the parties merely ocnceal their true agreement but they shall be bound by their real agreement.
Relative Simulation
31
A person may be prohibited from entering specific contracts or that in a contract, he may be prohibited in a certain capacity.
Relative incapacity
32
The aprty cannot give consent in any contract, with anyone in whatever capacity, over anything,
Absolute incapacity
33
The fitness to be the subject of legal relations which is inherent in every natural person and is lsot only through death
Juridical capacity
34
When one of the contracting parties is compelled by a reasonable and well- grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent.
Intimidation
35
When in order to wrest consent, serious or irresistible force is employed.
Violence
36
When a perosn takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice.
Undue influence
37
When through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would have agreed to.
38
Remedy by means of which a written instruments is made or construed soa sto express or conform to the true intention of the parties when some error or mistake has been committed.
Reformation
39
the damage or injury to the party asking for rescission, which represents the difference between the price and the actual value of the property.
Lesion
40
Defective contracts that remain to be valid and binding until rescinded by the court. they are contracts that have caused a aprticular damage to one of the parties or to a third person, and which for equitable reasons may be set aside even if its valid.
Rescissible Contracts
41
It is a stipulation in favor of a third person made by the contracting parties with the clear and deliberate intention of conferring a favor upon ushc third persona nd whose fulfillment the latter may demand by communicating his acceptance to the obligor before its revocation.
Pour Autrui.
42
The transaction is not fraudulent because this is considered tolerable fraud. Exaggerations in trade are not in themselves fraudulent when the other party had an opportunity to know the facts.
Caveat Emptor " let the buyer beware"
43
The declaration of a fictitious intent manifested deliberately and by agreement by the parties in order to produce the apperance of a transaction which does not exist or which is different from their agreement for the purpose of deceiving others.
Simulation
44
A lost in gambling and as payment executed a promissory note in favor of winner, B. Later, B assigned
the note to C. May C successfully recover from A?
a. Yes, if C is not aware that it is in payment of a gambling debt.
b. No, because B cannot recover, so also cannot the assignee
c. Yes, because B can recover, so also the assignee can.
d. No, because promissory notes can only be negotiated but not assigned.
45
A shipped his cargo in B’s vessel. B and C entered into a contract for C to unload the cargo from the ship’s
hold. In the lifting operations, A’s cargo was damaged, which is correct?
a. A may go against C and sue C for damages.
b. A may go against both B & C and sue for damages.
c. A may go against either B or C and sue for damages.
d. A may go against B and sue for damages.
46
The bargaining point, that is, when negotiation is in progress.
a. Consummation
b. Conception
c. Perfection
d. Birth
47
The meeting of minds regarding the object and cause of the contract
a. Conception
b. Preparation
c. Death
d. Birth
48
The point where the parties have performed their respective obligations and the contract is terminated
a. Preparation
b. Conception
c. Perfection
d. Consummation
49
A contract where the fulfillment is dependent upon the chance, so the values may vary because of the risk
or chance.
a. Commutative
b. Aleatory
c. Remunerative
d. Gratuitous
50
A contract where the cause with respect to each contracting party is the prestation or the promise of a thing
or service by the other is
a. An onerous contract
b. A gratuitous contract
c. An innominate contract
d. An aleatory contract
51
A contract where one party receives no valuable consideration and the cause is the liberality of the
benefactor is
a. A gratuitous contract c. An onerous contract
b. A unilateral contract d. A commutative contract
52
Not a characteristic of contract
a. Consensuality of contract c. Mutuality of contract
b. Simplicity of contract d. Relativity of contract
53
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
54
The contract must bind both contracting parties.
a. Consensuality of contract c. Mutuality of contract
b. Simplicity of contract d. Relativity of contract
55
A delivered his bracelet to B for B’s 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
56
A stipulation in favor of a third person
a. Stipulation pour autrui c. Assignment of credit
b. Stipulation pour over d. Pactum commissorium
57
The following contracts are not perfected until the delivery of the object of the obligations, except
a. Pledge b. Deposit c. Commodatum d. Sale
58
Pledge, deposit and commodatum are
a. Consensual contracts b. Real contracts c. Solemn contracts d. Formal contracts
59
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
60
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
61
Not a requisite of stipulation pour autrui
a. The contracting parties must have clearly and deliberately conferred a favor upon third
person
b. The stipulation must be part of the contract
c. The third person communicated his acceptance to the obligor before it revocation
d. There must be an agency between either of the parties and the third person
62
Not a requisite for the validity of a contract
a. Consent b. Object c. Cause d. Delivery
63
When there is concurrence of offer and acceptance, there is
a. Payment b. Consignation c. Consent d. Tender of payment
64
. A delivered his car to B for the latter’s 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
65
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
66
A, desiring to buy certain property, hired an expert to ascertain its true value. But the expert’s opinion
turned out to be wrong and A was therefore misled. May A ask for annulment of the contract?
a. Yes, because the opinion was made by an expert
b. No, a mere expression of an opinion does not signify fraud
c. No, because A’s own expert committed the error
d. Yes, A had relied on the expert’s special knowledge
67
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 the knowledge of the offeror
b. Offeree sent his letter or telegram. d. Offeror made the offer
68
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 the knowledge of the offeror
b. Offeree sent his letter or telegram. d. Offeror made the offer
69
When in order to wrest consent, serious or irresistible force is employed, there is
a. Violence b. Mistake c. Intimidation d. Fraud
70
When one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent
and grave evil upon his person or property, or upon the person or property of his spouse, descendents or
ascendants to give his consent, there is
a. Violence b. Mistake c. Intimidation d. Undue influence
71
When through insidious words or machinations of one of the contracting parties, the other is induced to
enter into a contract which, without them he would not have agreed, there is
a. Fraud b. Mistake c. Intimidation d. Undue influence
72
28. I. Failure to disclose facts, when there is a duty to reveal them constitutes fraud.
II. The usual exaggerations in trade, when the other party had an opportunity to know the facts, are
not in themselves fraudulent
a. True, true b. True, false c. False, true d. False, false
73
29. A contract with a cause distinct from the selling price is
a. Lesion b. Cession c. Dation d. Option
74
30. The inadequacy of cause, like an insufficient price for a thing sold
a. Lesion b. Cession c. Dation d. Option
75
31. 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
76
32. 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
77
33. I. Unless the contrary appears, advertisement for bidders are simply invitations to make proposals, and the
advertiser is not bound to accept the lowest or highest bid.
II. Contracts agreed to in a state of drunkenness or during a hypnotic spell are void.
a. True, true b. True, false c. False, true d. False, false
78
34. Which of the following constitutes a definite offer
a. An offer made through an agent c
b. Business advertisement of things for sale
c. Advertisement for bidders
d. Newspapers advertisements for employment
79
35. The following statements pertain to the cause of a contract. Which statement refers to motive?
a. It is the essential reason of a contract
b. It is always known to the contracting parties
c. Its illegality does not affect the validity of the contract
d. There will be no contract without it
80
36. A offered to sell her watch to B for P1,000. B offered to buy the watch for P800 but it was rejected by A.
When B turned to go away. A called him and said she is now willing to sell the watch for P800. May B
refuse to buy said watch?
a. No, because B’s offer of P800 was accepted by A.
b. No, there is a meeting of the minds between the parties or the subject matter and the cause of the
contract.
c. Yes, because B made a counter offer which was rejected by A.
d. Yes, because the agreement is under the statute of frauds.
81
37. A offered to sell his house and lot to B for P2,000,000, who was interested in buying the same. In his letter,
A stated that he was giving B a period of one month within which to raise the amount. One week before
the expiration of the one-month period. A told B that he is no longer willing to sell the property unless the
price is increased to P3,000,000. May B compel A to accept the 2,000,000 first offered?
a. Yes, because this is an obligation with a period and a period is deemed for the benefit of both parties.
b. Yes, because the period is deemed for the benefit of B as it was A who voluntarily offered the period to
B.
c. No, because the promise to sell had no cause or consideration distinct from the selling price
d. No, because the increase in the price is 50% and is deemed unconscionable
82
38. They refer to the elements that may be stipulated by the contracting parties
a. Accidental elements c. Moral elements
b. Natural elements d. Artificial elements
83
In order that fraud may make a contract voidable:
a. It may be incidental but both parties should not be in pari delicto
b. It may be serious and the parties must be in pari delicto
c. It may be incidental but should have been employed by both parties.
d. It should be serious and should have not have been employed by both contracting parties.
84
. Contracts entered during hypnotic spell are –
a. Valid b. Voidable c. Unenforceable d. Void
85
Contracts entered by insane person during lucid interval are –
a. Valid b. Voidable c. Unenforceable d. Void
86
A sold his land to B. The sale was made orally. B paid the agreed price. B wanted to have the sale
registered but he needs a public instrument. Which is correct?
a. B may sue A for the return of his money as no one shall be unjustly enriched at the expense of another
b. B cannot demand the return of the purchase price because the sale is unenforceable.
c. B may compel A to execute the public instrument because the sale is valid.
d. B may only occupy and use the land as buyer in good faith
87
If one party was mistaken and the other acted fraudulently or inequitably in 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 for reformation
c. Either the former or the latter may ask for reformation
d. The former may ask for annulment
88
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
89
Where reformation is allowed
a. Simple donation inter-vivos wherein no condition is imposed c. Wills
b. Contract of mortgage fraudulently made as a contract of sale d. When the real agreement is void
90
. A is indebted to B for P100,000. For the purpose of defrauding B, A sold his only parcel of land to X
valued at P 100,000. X has no knowledge of the intention of A. As a result
a. The contract between A and X is binding
b. The contract is voidable because A acted in bad faith
c. The contract between A and X is rescissible
d. The right of B is to rescind the contract because it was intended to defraud him.
91
Contract which can not be ratified
a. Rescissible b. Voidable c. Unenforceable d. Void
92
Contract which has no effect at all
a. Rescissible b. Voidable c. Unenforceable d. Void
93
A contract where both contracting parties are incapable of giving consent is
a. Void b. Rescissible c. Unenforceable d. Voidable
94
An absolutely simulated or fictitious contract is
a. Void b. Voidable c. Rescissible d. Unenforceable
95
A is the guardian of B, a minor. B sold his land in writing to C valued at P1M for P.7M. The sale is
a. Rescissible b. Voidable c. Unenforceable d. Void
96
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 reason of some external facts
a. Rescissible contracts c. Unenforceable contract
b. Voidable contract d. Void contract
97
A contract where consent is given through mistake, violence, intimidation, undue influence or fraud is
a. Rescissible
b. Voidable
c. Unenforceable
d. Void
98
A contract in writing for the sale of movable property between a minor and an insane person is
a. Void
b. Voidable
c. Rescissible
d. Unenforceable
99
56. This will cure the defect of an unenforceable contract
a. Acknowledgement
b. Confirmation
c. Ratification
d. Referendum
100
57. A law, to aid in human memory, or to prevent injustice due to faulty memory, which requires that certain
contracts must be in writing otherwise unenforceable
a. Pactum comissorium
c. Law on sales
b. Statute of limitation
d. Statute of Frauds
101
Characteristic of void contracts, except
a. Defense of illegality cannot be waived
b. Action for declaration of inexistence does not prescribe
c. Cannot be ratified
d. The inexistence can be assailed by third person
102
G was appointed as guardian of M, the latter being 17 years old. Later, without authority from G, M sold
G’s watch in writing to B valued at P100,000 for P70,000. Suffering lesion by more than ¼ of the
value, the contract is
a. Rescissible
b. Voidable
c. Unenforceable
d. void
103
Unless ratified, suits will not prosper if the contract is
a. Rescissible
b. Voidable
c. Unenforceable
d. Void
104
The following contracts are valid, except
a. A contract where a party gave his consent while in a state of drunkenness
b. A contract where a party gave his consent because the other party threatened to sue him for an unpaid
debt
c. A contract where A gave his consent because B threatened to kill A’s spouse
d. A contract where the wife sells her property to her husband because of intimidation
105
One is not a rescissible contract
a. Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due
them
b. Those which are entered into by guardians wherever the wards whom they represent suffer lesion by more
than ¼ of the value of the things which are the object thereof
c. Those agreed upon in representation of absentees, if the latter suffer a lesion of more than ¼ of the value
of the object of the contract
d. Those where one of the parties is incapable of giving consent to a contract
106
Which of the following need not be in writing to be enforceable?
a. An agreement for the sale of goods, chattels, or things in action at a price not less than P500
b. An agreement for the leasing for a period longer than one year, or for the sale of real property or
of an interest thereon
c. A representation as to the credit of a third person
d. A mutual promise to marry
107
To be enforceable, the following contracts are required to be in writing, except
a. A special promise to answer for the debt, default or miscarriage of another
b. An agreement that by its terms is not to be performed within a year from the making thereof
c. An agreement made
d. A contract of loan
108
Which of following contracts is voidable?
a. Those were both parties are incapable of giving consent to a contract
b. Those that do not comply with the Statute of Frauds
c. Those entered into in the name of another person by one who has been given no authority or legal
representation or who has acted beyond his powers
d. Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud
109
Which of the following is enforceable?
a. Oral sale of immovable property for a price of P400
b. Oral sale of immovable property for a price of P10,000
c. Oral contract of loan for P1,000
d. Oral agreement made in consideration of marriage
110
Rescission of contract can take place.
a. When the things which are the object of the contract are legally in the possession of third
persons who acted in good faith
b. When the party seeking rescission can perform only as to part and rescind as to another
c. When the seller cannot return the installment paid to him by the buyer
d. When he who demands rescission can return whatever he may be obliged to restore
111
Gary was appointed as the guardian of Willy who owns a car valued at one million pesos. Gary sold the car
for only 700,000. The sale is –
a. Valid
b. Rescissible
c. Voidable
d. Void
112
Gary was appointed as the guardian of Willy who owns a car valued at one million pesos. Willy sold the
car for only 700,000. The sale is –
a. Valid
b. Rescissible
c. Voidable
d. Void
113
Lino entered a contract to sell with Ramon, undertaking to convey to the latter one of the five lots he owns,
without specifying which lot it was, for the price of P1 million. Later, the parties could not agree which of
five lots he owned Lino undertook to sell to Ramon. What is the standing of the contract?
a. Unenforceable
b. Voidable
c. Rescissible
d. Void
114
X, who was abroad, phoned his brother, Y, authorizing him to sell X's parcel of land in Pasay. X sent the
title to Y by courier service. Acting for his brother, Y executed a notarized deed of absolute sale of the land
to Z after receiving payment. What is the status of the sale?
a. Valid
b. Void
c. Voidable
d. Unenforceable
115
72. Which of the following is unenforceable:
a. Those that do not comply with the Statute of Frauds.
b. Those where both parties can give consent.
c. Those entered in the name of himself.
d. All choices are unenforceable.
116
Sam, a store owner, sold a gallon of rat poison to Ben for P1,000.00. Ben intended to pour the poison in
the fishpond of Doray, his enemy, to kill all the fishes therein. The sale of the rat poison is:
a. Valid provided Ben does not pursue his motive to kill the fish in the fishpond of Dora.
b. Valid even if B pursues his motive to kill the fish in the fishpond of Doray.
c. Void as it is immaterial whether or not Ben kills the fish in the fishpond of Doray since Ben's motive
is unlawful.
d. Void if Ben pursues his motive to kill the fish in the fishpond of Doray.
117
Which of the following contract is not void ab initio?
a. Those whose object are outside the commerce of men.
b. Those whose object did not exist at the time of the transaction.
c. Those which contemplate an impossible service.
d. Those undertaken in fraud of creditors.
118
The guardian of an insane person sells a house and a lot belonging to the latter, valued at P100,000, to Bing,
buyer for P74,000 with the approval of the court. The contract is
a. Valid
b. Rescissible
c. Voidable
d. Unenforceable
RFBT
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Decks in class (16)
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