9.19. 24 Answered Quiz Oblicon
9.19. 24 Answered Quiz Oblicon
Multiple Choice: Select the best answer by shading the circle on your answer sheet
that corresponds to the letter of your choice:
a) Juridical/Legal tie
b) Active subject
c) Passive subject
d) Consideration
e) None of the above
a) Obligation
b) Juridical necessity
c) Prestation
d) Contract
e) None of the above
3. It is a juridical relation arising from lawful, voluntary, and unilateral acts based on the
principle that no one should unjustly enrich himself at the expense of another.
a) Quasi-contract
b) Quasi-delict
c) Contract
d) Delict
e) None of the above
a) Act or omission
b) Fault/negligence
c) Damage/injury
d) Pre-existing contract
e) None of the above
5. A debtor is liable for damages in case of delay if he is guilty of any of the following.
Except:
a) Default (mora)
b) Mistake
c) Negligence (culpa)
d) Breach through contravention of the tenor thereof
e) None of the above
6. This term refers to a delay on the part of both the debtor and creditor in reciprocal
obligations.
a) Mora accipiendi
b) Mora solvendi
c) Compensation morae
d) Solution indibiti
e) None of the above
8. A debtor may still be held liable for loss or damages even if it was caused by a
fortuitous event in any of the following instances, except:
a) The debtor is guilty of dolo, malice or bad faith, has promised the same
thing to two or more persons who do not have the same interest.
b) The debtor contributed to the loss
c) The thing to be delivered is generic
d) The creditor is guilty of fraud, negligence, or delay or if he
contravened the tenor of the obligation
e) None of the above
a) Culpa civil.
b) Culpa aquillana.
c) Culpa criminal
d) Culpa contractual.
e) None of the above.
10. Which one of the following is a voluntary ground for non-fulfillment of an obligation?
a) Dolo causante.
b) Dolo incidente.
c) Dolo inflagrante.
d) Dolo agravante.
e) None of the above
11. The creditor has the right to the fruits of the thing from the time:
12. In the order of precedent, an unpaid creditor is generally entitled to the following
remedies.
13. A natural obligation under the New Civil Code of the Philippines is one which
a) The obligor has a moral obligation to do, otherwise entitling the obligee to
damages.
b) Refers to an obligation in writing to do or not to do.
c) The obligee may enforce through the court if violated by the obligor.
a) Cannot be judicially enforced but authorizes the oblige to retain the
obligor’s payment or performance.
15. The money or currency which the debtor may compel the creditor to accept in the
payment of a debt, whether public or private is known as:
a) Notes payable
b) Legal tender
c) Bill of exchange
d) Mercantile document
e) None of the above
16. The party to an obligation in whose favour the prestation is established, except:
a) Obligee.
b) Active subject.
c) Creditor
d) Both a and b.
e) None of the above.
17.In the payment of interest for the forbearance of money, which one is not a requisite?
18. The following are exceptions to the rule: No demand. No delay. Which one is not?
a) if the thing to be delivered is lost due to the debtor’s fault, the debtor has
an obligation to pay the damages that incurred and the price of the thing
that is lost also can be demand.
b) If the thing is be delivered is lost without the fault of the debtor, the debtor
is not liable for any obligation or the obligation shall be extinguished.
c) If the thing is be delivered deteriorates through the fault of the debtor, the
creditor may choose between the 2 remedies as a creditor, which is the
rescission or the fulfilment of the obligation, with damages that incurred in
either case. As a creditor, you only have to choose one of the remedies
that are given.
d) If the thing is be delivered deteriorates without the fault of the
debtor, the debtor shall pay damages to the creditor.
a) None of the above.
a) Obligor
b) Prestation
c) Oblige
d) Juridical tie
e) None of the above
21. “Tanggol” enters the restaurant of “Cardo” and ask the waiter to bring him a dozen
fresh oysters in their shell. After eating he notices an almost perfect pearl in one of the
shells. He is about to take it when the restaurant owner claims the pearl. To whom does
the pearl belong?
a) Tanggol
b) Cardo
c) Government
d) Tanggol & Cardo
e) None of the above
23. A left home on a business trip without anyone to take charge of his poultry and
piggery farm. While he was away, a storm visited the area where the farm is located
placing the farm in danger. B, neighbor of A, saw the need to act under the situation, so
he summoned all his helpers to save the farm of A by providing shelter to the animals
and taking care of their products, but incurring Php10,000.00 in necessary and useful
expenses in the process. Owing to the efforts of B, the farm of A was saved. Under the
circumstances, A is obliged to reimburse B for the necessary and useful expenses
which the latter incurred by reason of;
a) Contract
b) Solutio - indebiti
c) Negotiorium - gestio
d) Quasi - delict
e) None of the above
24. D is obliged to transport the good of Mrs. C from Manila to Cebu under a contract of
carriage. Who is the passive subject in the said obligation to transport?
a) Mr. D
b) Mr. D & Mrs. C
c) Mrs C
d) Contract of Carriage
e) The goods
a) Mr. D
b) Mr. D & Mrs. C
c) Mrs. C
d) Contract of Carriage
e) The goods
a) Mr. D
b) Mr. D & Mrs. C
c) Mrs. C
d) Contract of Carriage
e) The goods
27. What do you call the amount of money paid to compensate the party for losses and
damages to set as an example for others not to follow in the near future resulting from
the non –performance of the obligation by the debtor
a) Moral damages
b) Mental damages
c) Actual damages
d) Compensatory damages
a) Exemplary damages
28. RAFINA PATIS is an entity engaged in selling bottled fish sauce. The glass bottles
being use by the said entity are those glass bottled manufactured by LAN TODNELA
CORPORATION, a corporation engaged in selling bottled brandy. LAN TODNELA filed
a case for damages against RAFINA PATIS on the ground that the latter had been
using their glass bottle. RAFINA PATIS argued that LAN TODNELA is no longer the
owner of the glass bottle since it is part and parcel on the brandy it had sold to
consumers. In this case
29. D obliged to give C a specific ring. The parties agreed that D may give a specific
bracelet as substitute. Which of the following statements is true?
a) If the ring is lost through fortuitous event before the substitution, the
obligation is extinguished.
b) If the bracelet is lost through a fortuitous event before the substitution, the
obligation is extinguished.
c) If the ring is lost through a fortuitous event before the substitution, the
obligation is extinguished.
d) All of the above are true.
e) All of the above are false.
30. A car was sold on credit . Shortly after delivery it was destroyed by a fortuitous
event.
31. What do you call the amount of money paid to compensate the party for mental
anguish, besmirched reputation, wounded feeling and sleepless nights resulting from
the non –performance of the obligation by the debtor
e) Moral damages
f) Mental damages
g) Actual damages
h) Compensatory damages
i) Exemplary damages
32. Unless the law stipulation of the parties requires another standard of care, every
person obliged to give something is also obliged to take care of the thing with:
a) Extra - ordinary diligence
b) Proper diligence of a father of a goo family
c) Proper diligence of a god father of the family
d) Good diligence of a father of a family
e) None of the above
33. It is a thing that is particularly designated or physically segregated from all others of
the same class:
a) Generic thing
b) Indeterminate thing
c) Determinate thing
d) Real thing
e) None of the above
a) Negotiorium Gestio
b) Solutio Indebiti
c) Culpa Contractual
d) Contracts
e) None of the above
35. Among the essential elements of an obligation, which are considered the personal
elements?