RFBT – FIRST QUIZZER

1. It is a kind of defective contract that refer to agreement which

lack one or some or all of the elements which are essential for
the existence of a contract
A. Rescissible contract
B. Void or inexistent contract
C. Voidable contract
D. Unenforceable contract
ANSWER: B

2. It is a kind of defective contract where all the essential

requisites of a valid contract are present but the consent of one
of the parties is vitiated by mistake, violence, or undue influence
A. Rescissible contract
B. Void or inexistent contract
C. Voidable contract
D. Unenforceable contract
ANSWER: C

3. It is a kind of defective contract that all the essential requisites

of a valid contract are present but such would cause lesion or
economic damage to one of the parties or third person.
A. Rescissible contract
B. Void or inexistent contract
C. Voidable contract
D. Unenforceable contract
ANSWER: A

4. The following defective contracts consist all the essential

requisites of a contract except for:
A. Rescissible contract
B. Inexistent contract
C. Voidable contract
D. Unenforceable contract
ANSWER: B

5. It is a kind of defective contract that is entered into in the

name of another by one who has been given no authority or legal
representation or who has acted beyond his powers.
A. Rescissible contract
B. Void or inexistent contract
C. Voidable contract
D. Unenforceable contract
ANSWER: D

6. Busha, wanting to turn his life around, entered into a contract

with Deew, a supplier of High Grade Methamphetamine or
otherwise known as shabu. Busha wanted to peddle drugs to
make ends meet. Busha sought your help to determine what kind
of contract the arrangement mentioned above is in case his deal
with Deew shall go south.
A. Rescissible contract
B. Void or inexistent contract
C. Voidable contract
D. Unenforceable contract
ANSWER: B

7. The shabu peddling business of Busha turned out to be

unprofitable because of the intensity of the war on drugs of the
Government. Busha went to court and prayed to annul the
contract. Decide.
A. Annulment cannot be sought since bought parties were in pari
delicto or both guilty when they decided to enter into the
contract
B. Annulment cannot be sought just because selling of shabu is
not profitable
C. Annulment is a recourse since it is unfair for Busha not to profit
from the business
ANSWER: A

8. Suppose Busha wanted to buy tawas from Deew but the latter
gave shabu instead. May Busha be allowed to claim the payment
he made for the transaction?
A. Yes. Since he is not a guilty party, upon annulment, his
payment may be returned back to him
B. No. In void contracts, the law will not entertain such prayer
and shall leave both parties to where it finds them at all times.
ANSWER: A

9. Papa P, the guardian of Baby Marlou, in behalf of the latter,

sold a house and lot worth 1 million for 500,000. May the contract
be rescinded?
A. No, since as a guardian, Papa P has the right to dispose of the
property of Baby Marlou;
B. Yes, since the lesion here is more than one-fourth;
C. No, since all the requisites of a valid contract are present when
the parties agreed to the arrangement;
ANSWER: B

10. 16-year-old Baby Marlou, wanting to buy a car, sold one of his
many properties to Raiza Seguarra who took advantage of the
status of Baby Marlou. Raiza did not like the property acquired.
Upon reading Obligations and Contracts in the internet,
maliciously decided to annul the contract because apparently the
contact is categorized as voidable thus the same may be
subjected to annulment. Is Raiza correct?
A. Yes. The contract is voidable thus both parties has the power
to annul the same
B. Yes. The contract may be rescinded because the same lacks
the essential requisites of a valid contract
C. No. Only Baby Marlou has the right to annul the contract since
Raiza is a guilty party
D. No. Since there was no lesion involved herein.
ANSWER: C

11. Baby Marlou, now 26 years old, equipped with a 90 average

score in his Oblicon Subject, decided to annul the contract
entered in the previous question because he wanted to secure
funds to pursue his dreams of becoming a doctor. Is Baby Marlou
correct?
A. Yes. Annulment is the remedy for voidable contracts
B. Yes. Annulment may be a recourse since when he entered into
the contract involved, he was still a minor.
C. No, due to lapse of period allowed to file the remedy.
D. No, because the proper remedy is rescission and not
annulment
ANSWER: C

12. The following are grounds of unenforceable contract except:

A. Entered into in the name of another by one without, or acting
in excess of authority
B. Those who do not comply with the Statute of Frauds
C. Those where both parties are incapable of giving
D. One of the party is a minor
ANSWER: D

13. The following contracts are rescissible except:

A. Those entered into by guardians whenever the wards whom
they represent suffer lesion by more than ¼ of the value of the
things which are the object thereof
B. Those agreed upon in representation of absentees, if latter
suffer the lesion of ¼ the value of the things which are the object
thereof
C. Those undertaken in fraud of creditors when the latter cannot
in any other manner collect the claims due them
D. Contracts in violation of the Statute of Frauds
ANSWER: D

14. The following are grounds of Void or Inexistent contracts

except:
A. Lack of one or more of the essential requisites of a contract
B. That the object of the contract is illegal
C. The consent secured was due to intimidation
ANSWER: C

15. The following are grounds of voidable contracts except:

A. Consent vitiated due to violence
B. The one entered in to the name of another acted beyond his
power
C. Where one of the parties is incapable of giving consent to a
contract
ANSWER: B

16. B owns a red colored horse. B wanted to dispose of his horse

to buy a car. C, a friend of B, told the latter than A, a horse
enthusiast, was looking for a red colored horse. B contacted A
and offered to sell the horse for 500,000.00. B asked A to give
him a week to decide. When A was in enjoying the white sands of
Mati, he got bitten by a shark. This caused A to bleed to death.
Thereafter, B decided to buy the horse. Is the offer still effective?
A. Yes. The offer is still effective since the offer was just
transmitted to the heirs of B upon his death.
B. No. The offer is no longer effective. Death of the one who
offered shall cancel the offer if acceptance shall be made after
the fact of the death.
C. Yes. The offer is still effective. Acceptance is not needed in a
contract of sale.
ANSWER: B

17. During a drinking session, Tito B Offered Papa P to buy his

house located at Buda. Since Papa P has yet to receive his
payment from his Ketchup endorsements, Papa P asked Tito Boy
to give him 10 days to whether to accept the offer or not. For the
meantime, Papa P paid Tito Boy 5,000 in consideration of the
time allotted. Papa P decided to buy the house but Tito Boy, due
to sentimental value, decided not to put it for sale. Is the act of
Tito Boy lawful?
A. Yes. As the owner of the house, Tito Boy has the right to sell or
not to sell the house as he pleases
B. No. The payment made by Papa P was earnest money. Such
money precludes Tito Boy from selling the house within the time
given.
C. No. The payment made by Papa P was option money. Such
money precludes Tito Boy from selling the house within the time
given.
D. Yes. Tito boy cannot be bound by the payment. Tito Boy may
return the money paid.
ANSWER: C

18. In the same scenario above, instead of Papa P paying 5,000,

it was Tito Boy who voluntarily offered to give Papa P 10 days to
buy the house in question. Papa P accepted the offer. On the 5th
day from the acceptance of Papa P, Tito Boy decided to withdraw
the offer due to sentimental reasons. Papa P told Tito Boy that
such withdrawal cannot be allowed. Is Papa P correct?
A. No. Since the acceptance of Papa P was not supported by any
consideration, Tito Boy may validly withdraw the offer anytime
B. No. No person should be forced to do something he does not
want to do.
C. Yes. Though without consideration, since it was accepted by
Papa P, Tito Boy should make good with his offer to sell the
house.
D. Yes. Tito Boy should be true to his word.
ANSWER: A

19. It is the money paid or promised to be paid in consideration

for the option given to buy.
A. option contract
B. earnest money
C. option period
D. option money
ANSWER: D

20. Through a newspaper, Kobi advertised to sell his rare Air

Jordan shoes for 100,000.00. The same advertisement was read
by Lebum, an avid Jordan fan. Lebum was the first to express his
intention to accept to buy the shoes but Kobi declined. Lebum
contended that Kobi should sell him the shoes because not only
that he was the first bidder, he was also the highest. Is Lebum
correct?
A. Yes. Since he already accepted the offer of sale when he
expressed his intention to buy the shoes
B. No. Business advertisements are not definite offers but mere
invitation to make an offer.
C. No. No person may force another to sell any item.
D. Yes. Since the option was freely given by Kobi, he shall be
bound by it
ANSWER: B

21. After drinking one case of Uhaw ang Camel Beer, rivals Upin
and Ipin decided to enter into a contract. The contract states that
upin will buy 100 sacks of rice from Ipin for 30,000. After 2 days,
Ipin delivered the sacks of rice but Upin did not accept the same.
Upin contended that the contract was created and entered during
a state of drunkenness thus it was automatically void. Is Upin
correct.
A. No. The contract is not void but voidable. The same may be
ratified.
B. No. The contract here is not void but rescissible contract.
C. Yes. Since the contract was perfected not during lucid interval,
it shall be considered void
D. Yes. During state of drunkenness, you are not in your normal
mental faculty. It would be unfair if it shall not be categorized as
void.
ANSWER: A

22. D borrowed P500,000.00 from C. D dies without having paid

his loan obligation to C. D left S, his son and heir, properties
worth P400,000.00.
A. S is liable to C for P500,000.00.
B. S is liable to C for P400,000.00.
ANSWER: B

23. A obliged himself to give a laptop from B. A uses the laptop to

play his favorite game COD. Whenever A uses the laptop, he
would apply utmost diligence in preserving the same. However,
for whatever reason, both A and B decided to suspend the
satisfaction of the obligation. When the parties decided to make
good with the obligation, B saw that the laptop was no longer in
the same shape on the day when B and A decided to create the
obligation. B filed a case in court. Who shall sustain the damage?
A. A is at fault. A was the one who caused the damage
B. B shall sustain damage. Since due diligence was observed by A
while in the possession of the item, the creditor shall bear the
damage.
C. Each shall sustain damage incurred to the laptop.
D. A should be faulted due to excessive playing of video games
ANSWER: B

24. Diet borrowed from Rico 5,000.00. It was agreed that instead
of paying 5,000.00, Rico may deliver a TV, a washing machine, or
sofa. What kind of obligation
A. Joint Obligation
B. Solidary Obligation
C. Alternative Obligation
D. Facultative Obligation
ANSWER: D

25. A, B, and C joint and severally borrowed P9,000.00 from D.

What kind of obligation
A. Joint Obligation
B. Solidary Obligation
C. Alternative Obligation
D. Facultative Obligation
ANSWER: B

26. Obligations may arise from any of the following, except.

A. Contracts
B. Quasi-contracts
C. Law
D. Prestation
ANSWER: D

27. It is the voluntary administration of the property of another

without his consent.
A. Negotiorum gestio
B. Solution indebti
C. Quasi-delict
D. Contract
ANSWER: A

28. It is wrong committed without any pre-existing relations

between the parties.
A. Natural obligation
B. Quasi-delict
C. Quasi-contract
D. Crime
ANSWER: B

29. A contract agreed upon in representation of an absentee is an

example of what contract
A. Voidable
B. Void
C. Unenforceable
D. Rescissible
ANSWER: C

30. The decisions of a superior court on a point of law are binding

on all subordinate courts
A. Stare decisis
B. Jurisprudence
C. Custom
ANSWER: B

31. A contract undertaken to defraud creditors

A. Voidable
B. Void
C. Unenforceable
D. Rescissible
ANSWER: D

32. A defendant who is acquitted in a criminal case is no longer

civilly liable
A. True
B. False
ANSWER: B

33. A contract entered into by a man under threat or intimidation

is an example of
A. Voidable
B. Void
C. Unenforceable
D. Rescissible
ANSWER: A

34. A natural obligation cannot be enforced in a court of justice

A. True
B. False
ANSWER: A

35. An absolutely simulated contract is an example of what

contract?
A. void contract
B. rescissible contract
C. unenforceable contract
D. voidable contract
ANSWER: A

36. An act or omission of one party in violation of the legal right

of another is calledd:
A. Wrong
B. Obligation
C. Debt
D. All of the above
ANSWER: A

37. Any rule of action or any system of uniformity.

A. Law
B. Obligation
C. Contract
D. Quasi-contract
ANSWER: A

38. Contracts need not be writing to be valid as a general rule.

Which of the following contracts is an exception?
A. contract of donation
B. sales contract
C. service contract
D. none of the above
ANSWER: A

39. D, out of his love and affection for C, donated a parcel of land
to the latter who accepted it. The formalities required by law
were complied with. The contract between D and C is:
A. an onerous contract
B. a gratuitous contract
C. a remuneratory contract
D. an accessory contract
ANSWER: B

40. Delay on the part of the creditor is called:

A. mora accipiendi
B. mora solvendi
C. compensatio morae
D. None of the above
ANSWER: A

41. If the debtor fails to perform an obligation to do, the creditor

may compel the debtor to comply with the obligation.
A. True
B. False
ANSWER: A

42. In novation, which of the following is incorrect?

A. If the new obligations is void, original obligation shall subsist.
B. While if the condition is resolutory the new is also resolutory
condition, unless otherwise stated.
C. In expromission, the insolvency of the new debtor shall not
revive the action of the creditor against the original debtor.
D. If the original obligation is subject to a suspensive condition,
the new obligation is not subject to the same condition unless
stated.
ANSWER: D

43. In this kind of contract, the cause is understood to be, for

each contracting party, the presentation of promise of a thing or
service by the other.
A. Onerous
B. Remuneratory
C. Contracts of pure benficence
D. All of the above
ANSWER: A

44. It is the manifestation of the meeting of the offer and the

acceptance upon the thing and the cause which are to constitute
the contract.
A. Consideration
B. Consent
C. Cause
D. Contract
ANSWER: B

45. On July 15, 2015, Kim entered into a contract with Angel. On
February 10, 2016, Kim discovered that fraud was committed at
the time he entered into a contract, a fraud that vitiated her
consent. The action for annulment shall be brought.
A. On February 10, 2016.
B. Within four years from July 15, 2015
C. Within four years from February 10, 2016.
D. Within three years from the time of fraud.
ANSWER: A

46. One of the following statements concerning ratification of a

voidable contract is false. Which is it?
A. Ratification extinguishes the action to annul a voidable
contract.
B. Ratification cleanses the contract from all its defects from the
moment it was constituted.
C. Ratification requires the conformity of the party who has no
right to bring the action of annulment.
D. Ratification may be made by the guardian of the incapacitated
person, or the incapacitated person upon attaining capacity, or
the party whose consent was vitiated.
ANSWER: C

47. All of the following are incapable of giving consent, except:

A) Insane persons.
B) Deaf-mutes who do not know how to write.
C) Deaf-mutes who know how to read.
D) Unemancipated minors.
ANSWER: C
All of the following are real contracts, except:
A) Pledge
B) Commodation
C) Deposit
D) Sale
ANSWER: D

48. All of the following are requisites of reformation of

instruments, except:
A) There must be a meeting of minds of the parties to the
contract.
B) The true intention of the parties is not expressed in the
instruments.
C) The failure of the instrument to express the true intention of
the parties is due to mistake, fraud, inequitable conduct or
accident.
D) The contract must be in a public instrument.
ANSWER: D

49. All of the following are required to appear in a public

document for the convenience of the parties so that they may be
registered into the proper recording office, except:
A) Contracts which have for their object the creation of real rights
over immovable property.
B) The acceptance of an inheritance.
C) The power to administer property.
D) The cession of actions or rights proceeding from an act
appearing in a public document.
ANSWER: B

50. All the statements below about payment by cession are true,
except:
A) The creditors become the owners of the properties of the
debtor that were ceded to them.
B) Payment by cession extinguishes the obligation only to the
extent covered by the proceeds of the sale of the debtor's
properties.
C) The debtor must be insolvent.
D) Cession affects all the properties of the debtor except those
exempt from execution.
ANSWER: A

51. As a rule, this contract of sale involving a piece of land is

void,
A) Between a minor and a capacitated person.
B) Between two insane persons who did not act during lucid
interval
C) Between first degree cousins
D) Between husband and wife
ANSWER: D

52. X, 17 years old, sold to Z, of legal age, her necklace worth

P20,000 for P15,000. Later, Z
sold the necklace to Y for P20,000. Which of the following
statements is correct?
A) X has got a voidable title because at the time of sale, she is a
minor
B) X can ask for rescission of the sale to Y because she suffered
a lesion of more than ¼ of the value of the property.
C) If Y is in bad faith, Y becomes the owner of the necklace upon
delivery to him but his title is voidable.
D) X can ask for the annulment of the sale to Y because at the
time of sale she is a minor.
ANSWER: C

53. This serves as a proof of the perfection of the contract of sale

A) Dacion en pago
B) Option money
C) Delivery
D) Arras
ANSWER: D

54.A contract of sale is not a(an)

A) Onerous contract
B) Accessory contract
C) Commutative contract
D) Bilateral contract
E) ANSWER: B

55.Warranty against hidden defects is

A) An essential element
B) A natural element
C) An accidental element
D) An artificial element
ANSWER: B

56. When a sale of a piece of land or any interest therein is

through an agent, the authority of the agent shall be in writing,
otherwise the sale is
A) Valid
B) Voidable
C) Unenforceable
D) Void
ANSWER: D

57. The sale of an expected thing

A) Dacion en pago
B) Payment by cession
C) Emptiospei
D) Emptio rei-speratae
ANSWER: D

58. The sale of the hope itself

A) Dacion en pago
B) Payment by cession
C) Emptio spei
D) Emptio rei-speratae
ANSWER: C

59. One of the following is not correct

A) Things subject to a resolutory condition may be the object of
the contract of sale.
B) A thing is generic when it is particularly designated or
physically segregated from all others of the same class.
C) Things having a potential existence may be the object of the
contract of sale.
D) The sole owner of a thing may sell an undivided interest
therein
ANSWER: B

60. X needs a size of 10 of model 101 of Leather Shoes regularly

available to the public for her boyfriend Z, but the same is out of
stock so she placed an order for one. On the other hand, Z placed
an order for size No. 8, colored violet, (something not ordinarily
made by the company) to be given to X. Which is correct?

A) Both are contracts of sale

B) Both are contracts for a piece of work
C) First is a contract of sale second is a contract for a piece of
work
D) First is a contract for a piece of work, second is a contract of
sale
ANSWER: C