CONTRACTS

48問 • 1年前

Mark Anthony Germono

通報

問題一覧

1. The following types of mistakes may result to annulment of a contract, except:

c. Simple mistake of account

2. A, without authority, sold the property of B in favor of C. The contract is considered:

d. Unenforceable

3. The following are the requisites of violence to vitiate a consent, except:

c. It refers to moral force or compulsion

4. R and Q entered into a contract of sale for the delivery of 100 bottles of high grade wine. However, R instead delivered 100 bottles of low grade wine. What is the remedy of Q?

d. To ask for annulment of contract because there is dolo causante.

5. C and B agreed on a contract of pledge. However, they entered into a contract of mortgage in the honest belief that they are the same. The instrument may be reformed:

d. Yes, it does not express the true agreement of the parties

6. What is the remedy of the parties in case of relatively simulated contract?

c. Ask for reformation of instrument.

7. What is the prescription for the action or defense for the declaration of the inexistence of a contract?

a. No prescription

8. Which of the following instruments is not subject to reformation?

d. All of the above

9. If mistake, fraud, inequitable conduct or accident has prevented a meeting of minds of the parties, what is the proper remedy?

c. Rescission

10. The following are the requisites for rescission or accion pauliana may prosper, except:

c. The party is left with other means to obtain reparation for damages done

11. Which of the following is not presumed to be legal subrogation?

d. None of them

12. A make an offer to B on February 14, 2017. B made known his acceptance on February 18, 2017 and received by A on February 21, 2017. A became insane on February 19, 2017.

b. There is meeting of the minds, the contracted is perfected

13. A and B entered into a contract of sale of piece of land, not knowing that the said property has already been the object of another sale under different terms and conditions, by their duly representatives. What is the status of the second contract?

d. Null and void

14. Before A died, her heirs already entered into an agreement for the settlement of the estate of their mother. What is the status of the contract?

a. Void

15. The following contracts may be ratified, except:

b. Sale of land through an agent where oral authority is given

16. A sold his parcel of land valued at P2,000,000 to B at the price of P1,000,000. He thus suffered lesion due to inadequacy of price. The contract is:

d. Valid, not defective

17. I. If the words of the contract are clear and leave no doubt regarding the intention of the parties, the interpretation of the contract is proper II. In gratuitous contracts, doubts shall be resolved in favour of the greatest reciprocity of interest.

a. The first statement is correct, the second is false

18. When A was still alive, his son, B sold his property in the expectance that he would receive it from his father upon his death. Is the contract defective?

c. It is void since future inheritance cannot be sold

19. A and B entered into a partnership agreement to be formed 4 years from today orally. They will contribute a piece of land, a building and P50,000. What is the status of the agreement?

b. Unenforceable

20. A, agent of B, sold the land of B to C orally. The authority of A is not in writing and C has already paid the whole purchase price to A. What is the status of the contract?

d. Void because the authority is not in writing

21. A sold to B a house located at No. 17 Kamagong Street, Makati City. In the deed of sale, it was written as No. 11 Kamagong Street, Makati City. What will be the remedy of the parties?

b. Reformation of instrument because of the mutual error

2. What is the prescriptive period for action based on quasi contract?

d. 4 years

23. What is the prescriptive period for action based on written contract?

a. 10 years

24. When the nullity of contract proceeds from the illegality of the cause or object of the contract and the acts constitute criminal offense, which of the following is incorrect:

a. The instrument of the crime shall be forfeited in favor of the innocent party

25. If one of the parties believed that the he received a certain amount as a loan, which the other delivered as a real deposit, what is the status of the contract?

a. Voidable contract of loan on the part of the first party

26. Through trick and fraudulent machinations by B, A entered into a contact with B. What is the remedy of A?

b. Annulment of contract because there is dolo causante

27. Which one must be in writing to be enforceable?

d. None of the above

28. B, a lawyer who is single, raped A. The father of A threatened to sue him for disbarment if he would not marry her daughter, A.

d. The marriage valid

29. A was forced by B to sign a contact of sale. C, the creditor of A wants to annul the contact. Is his action valid?

d. No, because a third person cannot assail a voidable contract

30. A, in fraud of creditor sold his land to B. The latter seeks the registration of the sale. C, a creditor seeks to prevent the registration because it is rescissible contract. Can the land be registered?

a. Yes, because although rescissible, it is valid and binding

31. A, in fraud of creditor sold his land to B (in good faith). B later sold the property to C who is in bad faith. May the creditor rescind the sale?

b. No, because B is in good faith

32. If lesion is caused to either of the contracting parties, the contract may be:

b. Rescinded

33. The following are the elements of voidable contracts, except:

b. Existence of damage or injury

34. The following statements are correct, except:

d. A relative simulation, when it does not prejudice a third person binds the parties to their real agreement

35. A borrowed P10,000 from b with interest at the rate of 6% annually. B now wants to increase the interest rate at 8% without the consent of D. What is the principle prohibited by this act?

d. Mutuality of contract

36. The following are the features of void contract, except:

d. A contract which is the direct result of a previous illegal contract may be validly novated

37. The following are the requisites for the validity of the contract, except:

b. Delivery

38. If there is concurrence of offer and acceptance, there is the existence of:

d. Consent

9. The following are the requisites of “stipulation pour autrui”, except

b. The third person must have communicated his acceptance to the obligor after its revocation by the obligee or the original parties

40. The following statements regarding consent are correct, except:

d. A qualified offer constitute a counter offer

41. The following statements are correct, except:

a. Mistake of law invalidates consent

42. The following statements are true, except:

d. The particular motives of the parties in entering into a contract are the same as that of the cause of the contract

43. A entered into a contract of mortgage with T. T, through negligence, typed the word “deed of sale” instead of “deed of mortgage”. What will be the remedy?

d. Reformation

44. Which of the following constitutes an offer?

d. An offer made through an agent

45. Which of the following contracts is not void ab initio?

c. Those undertaken in fraud of creditors

46. Contract entered into in a state of drunkenness is:

d. Voidable

47. Generally, contracts bind only contracting parties, their assigns and heirs. Third parties may be bound in the following instances:

d. All of the above

48. A, the brother of C, a minor, sold her sister’s land in the name of the latter and by virtue of which the latter was able to finish elementary. The contract is considered:

c. Voidable

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問題一覧

1. The following types of mistakes may result to annulment of a contract, except:

c. Simple mistake of account

2. A, without authority, sold the property of B in favor of C. The contract is considered:

d. Unenforceable

3. The following are the requisites of violence to vitiate a consent, except:

c. It refers to moral force or compulsion

4. R and Q entered into a contract of sale for the delivery of 100 bottles of high grade wine. However, R instead delivered 100 bottles of low grade wine. What is the remedy of Q?

d. To ask for annulment of contract because there is dolo causante.

5. C and B agreed on a contract of pledge. However, they entered into a contract of mortgage in the honest belief that they are the same. The instrument may be reformed:

d. Yes, it does not express the true agreement of the parties

6. What is the remedy of the parties in case of relatively simulated contract?

c. Ask for reformation of instrument.

7. What is the prescription for the action or defense for the declaration of the inexistence of a contract?

a. No prescription

8. Which of the following instruments is not subject to reformation?

d. All of the above

9. If mistake, fraud, inequitable conduct or accident has prevented a meeting of minds of the parties, what is the proper remedy?

c. Rescission

10. The following are the requisites for rescission or accion pauliana may prosper, except:

c. The party is left with other means to obtain reparation for damages done

11. Which of the following is not presumed to be legal subrogation?

d. None of them

12. A make an offer to B on February 14, 2017. B made known his acceptance on February 18, 2017 and received by A on February 21, 2017. A became insane on February 19, 2017.

b. There is meeting of the minds, the contracted is perfected

d. Null and void

14. Before A died, her heirs already entered into an agreement for the settlement of the estate of their mother. What is the status of the contract?

a. Void

15. The following contracts may be ratified, except:

b. Sale of land through an agent where oral authority is given

16. A sold his parcel of land valued at P2,000,000 to B at the price of P1,000,000. He thus suffered lesion due to inadequacy of price. The contract is:

d. Valid, not defective

a. The first statement is correct, the second is false

18. When A was still alive, his son, B sold his property in the expectance that he would receive it from his father upon his death. Is the contract defective?

c. It is void since future inheritance cannot be sold

19. A and B entered into a partnership agreement to be formed 4 years from today orally. They will contribute a piece of land, a building and P50,000. What is the status of the agreement?

b. Unenforceable

20. A, agent of B, sold the land of B to C orally. The authority of A is not in writing and C has already paid the whole purchase price to A. What is the status of the contract?

d. Void because the authority is not in writing

21. A sold to B a house located at No. 17 Kamagong Street, Makati City. In the deed of sale, it was written as No. 11 Kamagong Street, Makati City. What will be the remedy of the parties?

b. Reformation of instrument because of the mutual error

2. What is the prescriptive period for action based on quasi contract?

d. 4 years

23. What is the prescriptive period for action based on written contract?

a. 10 years

24. When the nullity of contract proceeds from the illegality of the cause or object of the contract and the acts constitute criminal offense, which of the following is incorrect:

a. The instrument of the crime shall be forfeited in favor of the innocent party

25. If one of the parties believed that the he received a certain amount as a loan, which the other delivered as a real deposit, what is the status of the contract?

a. Voidable contract of loan on the part of the first party

26. Through trick and fraudulent machinations by B, A entered into a contact with B. What is the remedy of A?

b. Annulment of contract because there is dolo causante

27. Which one must be in writing to be enforceable?

d. None of the above

28. B, a lawyer who is single, raped A. The father of A threatened to sue him for disbarment if he would not marry her daughter, A.

d. The marriage valid

29. A was forced by B to sign a contact of sale. C, the creditor of A wants to annul the contact. Is his action valid?

d. No, because a third person cannot assail a voidable contract

a. Yes, because although rescissible, it is valid and binding

31. A, in fraud of creditor sold his land to B (in good faith). B later sold the property to C who is in bad faith. May the creditor rescind the sale?

b. No, because B is in good faith

32. If lesion is caused to either of the contracting parties, the contract may be:

b. Rescinded

33. The following are the elements of voidable contracts, except:

b. Existence of damage or injury

34. The following statements are correct, except:

d. A relative simulation, when it does not prejudice a third person binds the parties to their real agreement

35. A borrowed P10,000 from b with interest at the rate of 6% annually. B now wants to increase the interest rate at 8% without the consent of D. What is the principle prohibited by this act?

d. Mutuality of contract

36. The following are the features of void contract, except:

d. A contract which is the direct result of a previous illegal contract may be validly novated

37. The following are the requisites for the validity of the contract, except:

b. Delivery

38. If there is concurrence of offer and acceptance, there is the existence of:

d. Consent

9. The following are the requisites of “stipulation pour autrui”, except

b. The third person must have communicated his acceptance to the obligor after its revocation by the obligee or the original parties

40. The following statements regarding consent are correct, except:

d. A qualified offer constitute a counter offer

41. The following statements are correct, except:

a. Mistake of law invalidates consent

42. The following statements are true, except:

d. The particular motives of the parties in entering into a contract are the same as that of the cause of the contract

43. A entered into a contract of mortgage with T. T, through negligence, typed the word “deed of sale” instead of “deed of mortgage”. What will be the remedy?

d. Reformation

44. Which of the following constitutes an offer?

d. An offer made through an agent

45. Which of the following contracts is not void ab initio?

c. Those undertaken in fraud of creditors

46. Contract entered into in a state of drunkenness is:

d. Voidable

47. Generally, contracts bind only contracting parties, their assigns and heirs. Third parties may be bound in the following instances:

d. All of the above

48. A, the brother of C, a minor, sold her sister’s land in the name of the latter and by virtue of which the latter was able to finish elementary. The contract is considered:

c. Voidable