My own summary for Articles 1156 - 1170. Law on Obligations and Contracts - De Leon
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FINAL EXAMINATIONS LAW ON OBLIGATIONS AND CONTRACTS ATTY. YAYE DOMOCMAT LARES
Name:__________________________________ Year and Section:________________________ I. Multiple
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Date:___________________ Score:__________________
Choice Questions. Encircle the letter of the correct answer.
It is the meetin meetin of of the minds minds !etween !etween two two persons persons where!" one !inds !inds himself himself with with respect respect to the other other to i#e somethin or to render some ser#ice.
It is the meetin meetin of the the minds minds !etween !etween parties parties on su!*ect su!*ect matter matter and cause cause of contract contract..
,his ta-es place upon the concurre concurrence nce of of the essential essential elements elements of the the contract: contract:
$% neotiation &% perfection C% consummation D% principal .
,his co#ers co#ers the period from the the time the prospecti#e prospecti#e contractin contractin parties parties indicate indicate interest interest in the contract contract to the time the contract is concluded or perfected.
$% (rincipal &% (erfection C% Consummation D% Neotiation /. It means not onl" the deli#er" of mone" !ut also the performance of an o!liation. $% (a"ment &% 0oss of the thin due C% emission D% Merer 2. It is essentiall" ratuitous3 and re4uires the accept ance !" the o!lior. E% (a"ment 5% 0oss of the thin due 6% emission or condonation 7% Merer 8. 9hich of the followin is N', a limitation of a contract. $% 0aw &% Morals C% '!liation D% (u!lic polic" . It It is perfected perfected !" mere consent consent or upon the meetin meetin of the minds minds upon the o!*ect o!*ect and
consideratio consideration n of
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the contract. $% Consensual contracts &% eal contracts C% 5ormal contracts D% Solemn contracts ;. 9hich of the followin is N', a real contract. $% Deposit &% (lede C% Commodatum D% Contract of sale 1<. It is a contract that perfected upon deli#er". $% Consensual &% eal C% 5ormal D% Solemn II. 9rite , if the statement is ,rue and 5 if the statement is 5alse. ______1. Consent is manifested !" the meetin of the offer and the acceptance upon the thin and the cause which are to constitute the contract. ______). $cceptance ma" !e e=press or implied. ______+. $ #oid contract can !e cured !" ratification or !" prescription. ______. >nenforcea!le contracts can !e ratified. ______/. ,he action for annulment of contracts shall !e !rouht within 1< "ears. ______2. $ contract is #oid if one of the parties is incapacitated or the consent was #itiated. ______8. 0esion is one of the rounds of rescissi!le contracts. ______. ?oid contract produced no effect. ______;. >nenforcea!le contract is a defecti#e contract. ______1<. ,here is intimidation when in order to wrest consent3 serious or irresisti!le force is emplo"ed. ______11. >nemancipated minors can i#e consent. ______1). Minors are persons !elow 1 "ears old. ______1+. If one part" is a minor and the other is not3 the contract is unenforcea!le. ______1. If !oth parties are minors3 the contract is #oida!le. ______1/. ,he parties to a contract ma" as- some!od" else to represent them. III. Enumeration. 1@+. Essential elements of a contract @;. 6rounds for e=tinuishment of o!liation 1<@1+. Classification of defecti#e contracts 1@1/. 6i#e two #oid or ine=istent contracts I?. Essa". (edro3 1/ "ears old rich -id3 approached (etra3 12 "ears old3 to !u" the latterAs 7acienda consistin of )3<<< s4uare meters in order for him to !uild his dream #acation house. (etra who is in need of mone" for her collee education in New Yor- Cit" areed to the price offered !" (edro in the amount of ()<< Million (esos. ,he two wrote in a clean !ond paper their areement that (edro will pa" (etra ()<< Million pesos as purchased price and (etra on the other hand will deli#er to (edro the ,itle of the 7acienda on 'cto!er )/3 )<1/ and then sined it. ,he written areement was -ept !" (edro inside his &aul. $% Is the contract #alidB 9h" or wh" notB &% 9hen is a contract #oidB
