Test Bank For Introduction to Law 6th Edition By Joanne B. Hames; Yvonne Ekern 9780134868240

BUSINESS LAW f




TESTBANK 1 f


1. On September 21, 2010, Piolo agreed to sell his only carabao to Sa
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m and Sam agreed to pay the price of P25,000 if Sam will pass the O
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ctober 2010 CPA Examination. The list of successful examinees w
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as released on October 21, 2010 and Sam is one of those who pass
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ed the examination. As a result,
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a. Piolo is entitled to the P25,000 price plus interest beginning Sept
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ember 21, 2010. f f


b. Sam is entitled to the carabao and its fruits beginning September
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21, 2010. f


c. Sam is entitled to the carabao beginning September 21, 2010 an
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d to its fruits beginning October 21, 2010.
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d. Piolo shall deliver the fruits of the carabao and Sam shall pay the i
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nterest on the price beginning September 21, 2010. f f f f f f f




2. The following are elements of an obligation, except
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a. Active and passive subjects f f f


b. Efficient cause f


c. Prescription
d. Vinculum

3. A, B, and C owe W, X, Y, and Z the sum of P120,000. If the obligation
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is due, which of the following is not correct?
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a. A is liable only for a total of P40,000.
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b. W can only collect P10,000 from C
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c. B can be required to pay P40,000 to any of the creditors
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d. Y can only collect a total of P30,000
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4. The following pertains to facultative obligations, except:
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a. Comprehends only one object or prestation which is due f f f f f f f f


b. Choice pertains only to the debtor f f f f f


c. Fortuitous loss of all prestations will extinguish the obligation f f f f f f f f


d. Not given. f

,5. An obligation subject to the happening of a future and certain event i
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s
a. Conditional obligation f


b. Suspensive conditional obligation f f


c. Resolutory conditional obligation f f


d. Obligation with a period f f f




6. S1: The debtor shall lose the right to make use of the period when he
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does not furnish any guaranty or security to the creditor.
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S2: In an obligation subject to a suspensive period, what is suspend
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ed is birth of the obligation.
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a. True;true b. true;false c. false;false fff fff


d. false;true fff




7. Which of the following is not a generic obligation?
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a. Obligation to pay P1,000,000 f f f


b. Obligation to deliver 1999 Nissan Sentra Series III f f f f f f f


c. Obligation to deliver 50 cavans of rice f f f f f f


d. Obligation to give a delimited generic object f f f f f f




8. “I will give you my car provided that if I like to have it back, you will retu
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rn the same to me.”
f f f f


a. The obligation is void, because the fulfillment depends upon the
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will of the debtor. f f f


b. The obligation is void, because the fulfillment depends upon the
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will of the creditor. f f f


c. The obligation is valid because the condition merely causes the l
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oss of rights already acquired. f f f f


d. Both A and B. f f f




9. S1: Dog obliged himself to give Cat a specific car tomorrow. If Dog fa
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iled to deliver tomorrow after demand is made, Cat may compel Dog
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to do his obligation and may ask for damages.
f f f f f f f f f

, S2: Darna obliged to deliver a car to Captain Barbel tomorrow. If Dar
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na failed to deliver tomorrow after demand is made, Captain Barbel’
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s right is to ask a third person to deliver a car to him at the expense of
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Darna plus damages. f f


a. Both statements are true. f f f


b. Both statements are false. f f f


c. Statement 1 is true while statement 2 is false. f f f f f f f f


d. Statement 1 is false while statement 1 is true. f f f f f f f f




10. Which of the following is not a conditional obligation? f f f f f f f f


a. D to give C P1,000 if C passes the examination.
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b. D to pay C P1,000 if he has the means.
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c. D to give C a horse if C marries X.
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d. D is to use C’s car until C returns from Davao.
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11. It is the voluntary administration of the property of another wit
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hout his consent. f f


a. Negotiorum Gestio c. Quasi-delict f fff


b. Solutio Indebiti d. Contract f fff




12. A, B and C are solidary debtors of X and Y, solidary creditors, f
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or P60,000. X makes a demand to A but the latter paid Y. In here, the
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obligation is not extinguished. f f f


A and B solidary debtors of X, Y and Z, solidary creditors. X demand
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s payment from A, but B, upon whom no demand is made paid Z the
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entire obligation. In here, the obligation is totally extinguished.
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a. True;true b. true;false c. false;false fff fff


d. false;true fff




13. Elmo is obliged to give Bert, either a ring worth P5,000; or brac f f f f f f f f f f f f


elet worth P4,500; or a watch worth P4,000. All the objects were lost
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due to Elmo’s fault in the order stated.
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a. Elmo’s obligation is extinguished. f f f


b. Elmo’s obligation is to pay the value of the ring plus damages. f f f f f f f f f f f

, c. Bert’s right is to demand the value of any of the objects plus dama
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ges.
d. Elmo’s obligation is to pay the value of the watch plus damages.
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14. Culpa aquiliana as distinguished from culpa contractual: f f f f f f


a. Proof of due diligence in the selection and supervision of employ
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ees is not considered a defense.
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b. Proof of the contract and its breach is sufficient to warrant recove
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ry.
c. The negligence of the defendant is only an incident in the perfor
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mance of the obligation. f f f


d. The source of liability is the negligent act of the person causing d
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amage to another. f f




15. S1: When one of the parties has brought an action to enforce t
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he contract, he cannot subsequently ask for its reformation.
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S2: The injured party may seek rescission even after he has chosen
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the fulfillment of the obligation if the latter should become impossibl
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e.
a. True; true b. true;false
f c. false;false fff fff


d. false;true fff




16. S1: An oral sale of land made by its owner is unenforceable.
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S2: Sale of land made by an agent without written authority from ow
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ner thereof is void.
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a. False;false b. false;true c. true;true fff fff


d. true;false fff




17. S1:The principle of autonomy of contracts means that the con f f f f f f f f f


tracting parties as a rule may agree upon any stipulation, clause, ter
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m and condition.
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S2: Relativity of contracts means that contracts take effect not only
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between the parties but also their heirs and assigns.
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a. False;false b. true;true c. false;true fff fff


d. true;false fff