Quiz 1 – RFBT

Which of these obligation is demandable at once

Select one:
A. Pure
B. Conditional where the condition is suspensive
C. With a period where the period is ex d
D. None of the choices

S offered to B the sale of his house and lot for 10,000,000 by means of a letter. At the same time, B
offered to buy from S the same house and lot by way of telegram for P10,000,000 also. B has received
the offer of S and S has also received the telegram of B. Is there a perfected contract of sale between S
and B
Select one:
A. No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing of
offers
B. Yes, because the essential elements are all present, namely: consent, object and consideration
C. Correct answer not given
D. No, because the house and lot being an immovable to perfect the contract it must be in a public
document

Teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils
and students or apprentices, so long as they remain in their custody. The liability arises from:
Select one:
A. Quasi delict
B. Quasi contract
C. Law
D. Delict
E. Contract

Statement I. There is stipulation pour autrui in case the stipulation states that one of the parties to a
contract is exempt from all previous claims and damages sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may even be inferred
from the fact that the beneficiary has enjoyed the same for a considerable period
Select one:
A. Both statements are true
B. Statement I is true but statement II is false
C. Both statements are false
D. Statement I is false but statement II is true
Statement 1: If the debtor changes his domicile in bad faith or after he has incurred in delay, the
additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is not
possible to deliver such currency, then in the currency which is legal tender in the Philippines
Select one:
A. Both statements are true
B. First statement is false; second statement is true
C. First statement is true; second statement is false
D. Both statements are false

A, B, C and D are partners where A, B and C contributed P1,000,000 each and D his services. The
partnership is engaged in the manufacture and export of garments. Due to a very strong typhoon, the
entire roofing of the factory was blown by the strong winds and if not repaired immediately would
aggravate the damage. A, B, C and D agreed on an additional contribution of P200,000 each in order to
save the business from imminent loss. Which of these is the correct statement?
Select one:
A. If A no longer has money, he can be compelled to sell his interest in the partnership to the other
partners
B. B can question the decision because he did not vote for the additional contribution
C. D is duty bound to contribute 20% more of his time to the business of the partnership
D. If C still has money, but refuses to make the contribution, he can be compelled to sells his interest in
the partnership to the other partners

Which of the following is not is not a mode of extinguishing an obligation?

Select one:
A. Confusion
B. Condonation
C. Loss of specific things
D. Quasi delict

The remedy of specific performance is available to the following:

I. Obligation to give a determinate thing
II. Obligation to give an indeterminate thing
III. Obligation to do
Obligation not to d
Select one:
A. I, II and III
B. I and III
C. I, II, III and IV
D. I and II
Statement 1: Payment made by the debtor to 3rd person or wrong party are presumed for the benefit of
the creditor.
Statement 2: Payment by the debtor to 3rd person thereof in error and good faith deprive the creditor of
his right to demand payment.
Select one:
A. First statement is true; second statement is false
B. First statement is false; second statement is true
C. Both statements are true
D. Both statements are false

O is the owner of a night club where SC is a singer crooner receiving a monthly salary of P80,000. The
obligations of O and SC are
Select one:
A. Both real
B. Real in the part of O but personal in the part of SC
C. Both personal
D. Real on the part of S.C. but personal in the part of O

Statement I. The law does not allow waiver of an action for future fraud.
Statement II. Damages arising from fraud cannot be mitigated or reduced by the courts unlike damages
arising from negligence especially if there is contributory negligence.

Select one:
A. Both statements are true
B. Statement I is true but statement II is false
C. Both statements are false
D. Statement I is false but statement II is true

S offered to sell his house and lot to B for P5,000,000 giving to him an option of 60 days within which
to decide whether or not to buy. After only 15 days, S met T who offered to buy the same house and lot
for P8,000,000. S then notified B of the withdrawal of the option and proceeded to sell to T. B files an
action for damages against S
Select one:
A. B can recover damages from S because the latter violated the option given to the former
B. B cannot recover damages from C because his option is without consideration as something paid or
promised
C. Correct answer not indicated
D. B can recover damages from S if B gave S option money which will result in a perfected contract of
sale
Every obligation whose performance does not depend upon a future or uncertain event, or upon a past
event unknown to the parties, is demandable at once. This refers to
Select one:
A. Divisible and indivisible obligations
B. Obligation with a period
C. Joint and Solidary obligations
D. Pure obligation

It is the right of the active subject to demand performance to a definite passive subject?
Select one:
A. Jus ad rem
B. Real right
C. Jus utendi
D. Jus in re

Culpa levis under the Roman Law means

Select one:
A. Ordinary negligence
B. Super negligence
C. Slight negligence
D. Grave negligence

When the debtor abandons or transfers all his properties to the creditors so that the creditors may sell
the properties and out of the net proceeds the creditors recover their claims this is called
Select one:
A. Payment of cession
B. Tender of payment and consignation
C. Dacion en pago
D. Remission

A wrong committed independent of contract and without criminal intent is

Select one:
A. Quasi delict
B. Delict
C. Culpa aquiliana
D. Culpa contractual

Which is not considered as quasi contract?

Select one:
A. Reimbursement due the person who saved property during fire or typhoon without the knowledge of
the owner
B. When the third person with the knowledge of the debtor, pays the debt
C. Solutio indebiti
D. Negotiorum gestio

Statement 1: Civil obligation is based not on positive law but based on equity and natural law.
Statement 2: Natural obligation gives a right of action to compel their performance.

Select one:
A. First statement is true; second statement is false
B. Both statements are false
C. First statement is false; second statement is true
D. Both statements are true

There is no legal delay in

Select one:
A. Obligation to deliver determinate thing
B. Negative personal obligation
C. Obligation to deliver indeterminate thing
D. Positive personal obligation

QUIZ 2 – RFBT

Which of the following is not a characteristic of partnership contract?

A. Consensual
B. Onerous
C. Principal
D. Innominate
E. Answer not given

The certificate of limited partnership shall be cancelled when:

A. A person is admitted as general partner
B. There is change in the character of the business of the partnership
C. A person is substituted as a limited partner
D. When the partnership is dissolved

S offered to sell his house and lot to B for P5,000,000 giving to him an option of 60 days within which
to decide whether or not to buy. After only 15 days, S met T who offered to buy the same house and lot
for P8,000,000. S then notified B of the withdrawal of the option and proceeded to sell to T. B files an
action for damages against S
A. B can recover damages from S if B gave S option money which will result in a perfected contract of
sale
B. B cannot recover damages from C because his option is without consideration as something paid or
promised
C. B can recover damages from S because the latter violated the option given to the former
D. Correct answer not indicated

D owes C P6,000.00. No date for payment was stipulated by the parties

A. C can require D to pay at anytime
B. C cannot require D to pay because there is no date for payment
C. D is not liable to C because the obligation is void there being no date of payment
D. D is not required to pay unless C goes to court and asks the court to fix a period for the payment

In a written contract the true intention of the parties was not reflected therein through the fraud
committed by one of them, which fraud prevented a meeting of the minds. The applicable remedy
would be
A. Resolution of the obligation
B. A petition for the declaration of nullity of the contract
C. Annulment of the contract
D. Reformation of the contract

1 st Statement: In a universal partnership where its nature is not specified, the presumption is that a
universal partnership of all profits only is formed. 
2nd statement: When the contribution to the partnership consists of personal property amounting to
P1,000,000 and real property amounting to P20,000 and the contract is entered verbally, the partnership
contract is void
A. Both statements are false
B. Both statements are true
C. 1 st statement is false and 2nd statement is true
D. 1 st statement is true and 2nd statement is false

Statement 1. If the partner is the sole manager of the partnership and he associate another person with
him in his share in the partnership, the person associated automatically becomes a partner in the
partnership. 

Statement 2. All capacitated persons can enter into a contract of universal parnership.
A. No. 1 is true; No. 2 is false
B. Both are true
C. No. 1 is false; No. 2 is true
D. Both are false
Which of these constitutes fraud?

A. The usual exaggeration in trade if the other party had an opportunity to know the facts
B. A misrepresentation made in good faith
C. None of the choices
D. An expression of opinion which did not turn out to be true if made by an expert and the other party
relied on it
E. Failure to disclose facts when there is no duty to reveal them

Statement 1. The conveyance of the whole interest of a partner in the partnership of itself dissolves the
partnership. 
Statement 2. The contractual liability of the partners to third persons is joint and subsidiary
A. Both are true
B. No. 1 is true; No. 2 is false
C. Both are false
D. No. 1 is false; No. 2 is true

Statement 1: Payment made in good faith to any person in possession of the credit shall release the
debtor.
Statement 2: Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in
money, shall be governed by the law of sales
A. Both statements are false
B. First statement is false; second statement is true
C. Both statements are true
D. First statement is true; second statement is false