The Law On Obligations and Contracts Midterms Exam
The Law On Obligations and Contracts Midterms Exam
The Law On Obligations and Contracts Midterms Exam
MIDTERM EXAMINATION
NAME: DATE:
I. ENUMERATION. (20pts)
WRITE TRUE IF THE STATEMENT IS CORRECT AND FALSE IF OTHERWISE. EXPLAIN YOUR ANSWER.
21-22. The debtor has the right to recover what he has paid in good faith to the creditor before
the arrival of the period agreed upon.
22-24. In alternative obligations, the right of choice belongs to the creditor, unless it has been
expressly granted to the debtor.
31-32. Every person obliged to give something is also obliged to take care of it with the proper
diligence of a good father of the family.
33-34. If the obligor delays, or has promised to deliver the same to two or more persons who do
not have the same interest, he shall be responsible for any fortuitous event until he has effected
delivery.
35-36. The obligation to give a determinate thing includes that of delivering all its accessories
and accessions.
37-38. If a person obliged to do something fails to do it, the same shall be executed at his cost.
39-40. Those who in the performance of his obligations are guilty of fraud are also liable for
damages.
41-45. Suspensive obligations vs. Resolutory obligations vs. Obligations with a period (5PTS)
46-50. Negligence vs. Fraud (5PTS)
51-60. Divisible Obligations vs. Indivisible Obligations vs. Joint Obligations vs. Solidary
Obligations (10PTS)
PROPERLY AND THOROUGHLY ANSWER EACH QUESTION IN ORDER TO BE GIVEN FULL MERIT. THE
STUDENTS ARE GRANTED TEN (10) POINTS PER PROBLEM. DEDUCTIONS WILL BE MADE FROM THE SAID
TEN (10) POINTS FOR EVERY ISSUE NOT DISCUSSED OR TACKLED. VAGUE AND INCOMPLETE ANSWERS
ARE ALSO SUBJECT FOR DEDUCTIONS.
61-70. D (debtor) borrowed P10,000 from C (creditor) at 15% per annum payable on December
31. Can D require C to accept payment before December 31? Please explain your answer.
(10 PTS)
71-80. D (debtor) binds himself to pay C (creditor) a sum of money. Give the three (3) cases
when the obligation of D is demandable at once by C. (10PTS)
81-90. D (debtor) borrowed P10,000 from C (creditor). It was agreed that D could pay P10,000 or
deliver his piano on August 22. On August 20, D informed C that that he would deliver his piano.
Can D later change his mind and pay P10,000 instead since he was given the right of choice?
Please explain your answer. (10PTS)
91-100. D (debtor) owes C (creditor) P10,000 due and payable on December. If D becomes
insolvent on October, can C demand immediate payment from D even before December? Please
explain your answer.