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CONTRACTS

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334 views

CONTRACTS

oblicon

Uploaded by

Feizhen Mae
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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= CPA Review School of the Philippines i iam Ol lg CONTRACTS DO Dela Cruz 1. They refer to the elements that may be stipulated by the contracting parties a. Accidental elements c, Moral elements b, Natural elements +. Actificial elements ‘They are the elements that are found in certain contracts and are presumed to exist unless sot aside by the parties a. Accidental elements c. Artificial elements ‘b. Natural elements d. Incidental elements 3. The conception of a contract is when ; a. There is meeting of the minds c. When the contract is executed , When negotiations are in progress 4. When the parties come to an agreement 4, 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 , Mutuality of contract Questions 5 - 7 pertain to stages in the life of a contract 5. The bargaining point, that is, when negotiation is in progress a. Consummation . Conception ©. Perfection 4. Birth 6. The meeting of minds regarding the object and cause of the contract a. Conception ». Preparation o, Death 4. Birth 7. The point where the parties have performed their respective obligations and the contract is terminated a, Preparation °b, Conception ¢. Perfection 4d. Consummation 8, 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 . Gratuitous 9. 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 c. An innominate contract b. A gratuitous contract d. Analeatory contract 10. 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 ». A unilateral contract d. A commutative contract 11. Not a requisite for the validity of'a contract a, Consent Bb, Object c. Cause d. Delivery 12. Contract which can not be ratified a. Rescissible b. Voidable c. Unenforceable . Void 13. Contract which has no effect at all a. Rescissible b. Voidable ¢. Unenforceable d. Void 14, A contract where both contracting parties are incapable of giving consent is a. Void b. Rescissible ¢, Unenforceable d. Voidable BL-76-02 1 15. An absolutely simulated or fictitious contract is a. Void b. Voidable ¢. Rescissible 4. Unenforcezble 16. Nota characteristic of contract a. Consensuality of contract. c. Mutuality of contract b, Simplicity of contract . Relativity of contract 17. 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 Relativity of contract 18, The contract must bind both contracting parties. a, Consensuality of contract c. Mutuality of contract b, Simplicity of contract 4d. Relativity of contract 19, When there is concurrence of offer and acceptance, there is a, Payment ». Consignation ©. Consent d. Tender of payment 20. A is the guardian of B, a minor. B sold his land in writing to C valued at PIM for P.7M. The sale is a. Rescissible b. Voidable c. Unenforceable . Void 21. 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 ©. The period of one week b. The generosity of A 4. The delivery of the car 22. 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 . Bilateral and innominate b. Onerous and innominate 4G, Aleatory and nominate 23. 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 ¢. Becomes insane b. Becomes insolvent 4. Is placed under a hypnotic spell 24. D forced C to sign a promissory note where C promises to pay D P100,000. The correct amount should be P60,000. Which is correct? C The contract is rescissible because there is lesion ‘The contract is unenforceable D cannot demand payment from C because the contract is voidable The contract is valid nese 25. If one ‘party was mistaken and the other acted fraudulently or inequitably in such a way that the instrament does not show their true intention, which one of the following is correct? The former may ask for reformation The latter may ask for reformation Either the former or the latter may ask for reformation ‘The former may ask for annulment nese 26, A, desiring to buy certain property, hired an expert to ascertain its true value. But the expert’s opinion tumed 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, amere expression of an opinion does not signify fraud ¢. No, because A’s own expert committed the error Yes, A had relied on the expert’s special knowledge ; 27. Although validly agreed upon, courts can nullify this contract because of damage to one of the parties or tora third person and its enforcement may cause injustice by reason of some external facts. a, Resefssible contracts ¢, Unenforceable contract b. Voidable contract 4. Void contract BL-76-02 2 & = 28. A clause providing that the mortgagee will automatically own the property mortgaged if the debt is not paid at imaturity is ‘a.Dacionenpago _b. Payment bycession ©. Pactumcommissorium — d. Upset price 29, A specific amount below which the mortgaged proper'y is not supposed to be sold at the execution sale a. Dacion en pago b. Payment by cession ©, Pactum commissorium —d. Upset price 30. Pactum commissorium and upset price are b>’! a, Rescissible b. Voidable ©, Unenforceable d. Void 31. A wrong committed independent of contract and without criminal intent 2, Culpa aquiliana ©, Quesi-contract b. Delict 4. Culpa contractual 32. 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 ¢, Annulment of the contract b. Ask for specific performance 4 Reformation of the contract 33. The following are some accidental elements of a contract of sale, except 2, Terms of payment o, Place of payment b. Interest rate 4, Accession and accessories 34. A stipulation in favor of a third person a, Stipulation pour autrui . Assignment of credit b, Stipulation pour over

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