B. Negotiations Are in Progress

1.
A contract is in the stage of conception when:
a. There is meeting of the minds.
b. Negotiations are in progress.
c. The parties come to an agreement.
d. The contract is perfected.
2. I - Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for fraud is
void.
II – If the law or contract does not state the diligence which is to observed in the performance of an obligation,
that which is expected of a father of a good family shall be required.
A. True; true
B. True; false
C. False; true
D. False; false
3. A mango tree in the land of O is reclining towards the road. All of a sudden, without a storm or an
earthquake or even strong wind, the tree falls hitting a car belonging to X causing a P200,000 damage. The
liability of O to X arises from
A. Contract C. Delict
B. Quasi-contract D. Quasi-delict
4. Paula obliged herself to give to Cathy her BMW car on October 10, 2019 but she failed to deliver on that
date. On the following day, lighting completely destroyed the car.
A. Paula is still liable for she is in default already.
B. Paula is no longer liable there being no demand, there is no delay and the thing is lost due to
fortuitous event
C. Cathy can demand for a substitute.
D. Paula is not liable even if she is in default.
5. When the third person assumes the payment of the obligation without the knowledge or against the will of
the debtor but with the consent of the creditor, there is
A. Delegacion C. Subrogation
B. Expromission D. Novation
6. I - There is a delay in an obligation not to do something.
II – A waiver of an action for future fraud can be made.
A. True; true
B. True; false
C. False; true
D. False; false
7. I - Consent of the parties isn’t required in quasi-contract.
II – The creditor acquires real rights over the thing from the time the obligation to deliver arises.
A. True; true C. False; true
B. True; false D. False; false
8. The following, except one, are void or inexistent contracts.
A. Those which are absolutely simulated for fictitious.
B. Those which are outside the commerce of man.
C. Those whose cause or object did not exist at the time of transaction.
D. Those which contemplate a very difficult service
9. D is indebted to C in the sum of P10,000. For the purpose of avoiding the claims of C, D donated all his
properties worth the same amount to X.
A. The contract is absolutely simulated C. The contract is merely voidable
B. The contract is rescissible D. The contract is void
10. Statement I: When what is to be delivered is a determinate thing, the creditor may compel the debtor to
make the delivery and if the debtor refuses, the creditor may ask that the obligation be complied with at the
expense of the debtor.
Statement II: The obligation to give a determinate thing includes that of delivering all its accessions and
accessories, even though they may not have been mentioned.
A.True; true
B.True; false
C.False; true
D.False; false
11. The following are some accidental elements of a contract of sale, except
A.Terms of payment
B.Interest rate
C.Place of payment
D.Accession and accessories
12. The delivery and transmission of ownership of a thing by the debtor to the creditor as an accepted
equivalent of performance is known as:
A. Payment by cession
B. Dation in payment
C. Application of payment
D. Consignment
13. One of the following is not a requisite of legal compensation.
A. That each one of the obligors be bound principally, and that he will be at the same time a principal creditor
of the other
B. That the two debts are due
C. That both debts be liquidated and demandable
D. That the debts are payable at the same place
14. On July 1, 2020, D obliged himself to give C P50,000.00 if C will marry X on or before December 31, 2020.
The condition of the obligation is a:
A. Positive condition
B. Negative condition
C. Joint condition
D. Impossible condition
15. 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
B. Facultative obligation
C. Conjunctive obligation
D. Conjunction obligation
IV. True or false
16. As a rule, the creditor may demand fulfillment of the obligation and the penalty at the same time.
17. Payment of an incapacitated creditor shall be valid if he has kept the payment.
18. When the principal obligation is extinguished as a consequence of novation, accessory obligations are
extinguished except if they may benefit third persons who did not give their consent.
19. For dacion en pago to apply, the debtor must be in solvent
20. The condonation or remission of an obligation must be accepted in order for it to be extinguished.
21. If the old obligation is void, the novation will still be valid if the new obligation is valid
22. The remission of the principal obligation carries with it the remission of the accessory obligation
23. When the debt is in part liquidated and part unliquidated, the creditor may demand and the debtor may
affect the payment of the former without waiting for the liquidation of the latter.
24. In alternative obligations, the right of choice belongs to the creditor unless it has been expressly granted to
the debtor.
25. A solidary creditor may assign his rights in the obligation without the consent of the other creditors.

B. Negotiations Are in Progress

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B. Negotiations Are in Progress

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1.

A contract is in the stage of conception when:

a. There is meeting of the minds.

b. Negotiations are in progress.

c. The parties come to an agreement.

d. The contract is perfected.

A. Paula is still liable for she is in default already.

C. Cathy can demand for a substitute.

D. Paula is not liable even if she is in default.

6. I - There is a delay in an obligation not to do something.

II – A waiver of an action for future fraud can be made.

7. I - Consent of the parties isn’t required in quasi-contract.

A. True; true C. False; true

B. True; false D. False; false

8. The following, except one, are void or inexistent contracts.

A. Those which are absolutely simulated for fictitious.

B. Those which are outside the commerce of man.

D. Those which contemplate a very difficult service

A. The contract is absolutely simulated C. The contract is merely voidable

B. The contract is rescissible D. The contract is void

D.Accession and accessories

13. One of the following is not a requisite of legal compensation.

B. That the two debts are due

C. That both debts be liquidated and demandable

D. That the debts are payable at the same place

IV. True or false

19. For dacion en pago to apply, the debtor must be in solvent

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