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Oblicon Quizzes Quiz 1

Mr. Lolong, 80, was abandoned by his son Mr. Sonny and hospitalized after an accident. A neighbor, Mr. Neil, paid Mr. Lolong's medical expenses expecting reimbursement from Mr. Sonny. Mr. Neil can recover the expenses from Mr. Sonny based on quasi-contract, as Mr. Sonny benefitted from Mr. Neil's actions even without agreement. The test for determining negligence is the use of care that a prudent person would have used under similar circumstances. A specific real obligation does not include delivering an item of superior or inferior quality.
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0% found this document useful (0 votes)
198 views5 pages

Oblicon Quizzes Quiz 1

Mr. Lolong, 80, was abandoned by his son Mr. Sonny and hospitalized after an accident. A neighbor, Mr. Neil, paid Mr. Lolong's medical expenses expecting reimbursement from Mr. Sonny. Mr. Neil can recover the expenses from Mr. Sonny based on quasi-contract, as Mr. Sonny benefitted from Mr. Neil's actions even without agreement. The test for determining negligence is the use of care that a prudent person would have used under similar circumstances. A specific real obligation does not include delivering an item of superior or inferior quality.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

OBLICON QUIZZES

QUIZ 1

1. Mr. Lolong, 80 years old, abandoned by his wealthy son Mr. Sonny, met an accident and was consequently
confined in a hospital. Without the knowledge of Mr. Sonny and Mr. Lolong, Mr. Neil a neighbor, spent for the
medical expenses of Mr. Lolong expecting that he would be reimbursed by Mr. Sonny. Can Mr. Neil recover the
amount of medical expenses from Mr. Sonny?

a) Yes, based on quasi-contract


b) indicated by its own individuality
c) No, Mr. Neil has no caused of action against Mr. Sonny
d) Yes, based on moral obligation

2. Test of determining negligence:

a) exercise of extra-ordinary diligence


b) use of care of a prudent man
c) presence of due diligence
d) exercise of reasonable care and vigilance which a man of ordinary prudence would have employed under
similar circumstances

3. Which of the following is not an obligation of a person obliged to give a determinate thing (specific real
obligation):

a) to deliver a thing which must be neither of superior nor inferior quality


b) to take care of the thing with the proper diligence of a good father of a family
c) to deliver the thing

4. No person shall be responsible for those events which could not foreseen, or which through foreseen, were
inevitable except those:

a) expressly provided by law


b) expressly declared by stipulation
c) when the nature of the obligation requires assumption of risk
d) all of the above
e) none of the above

5. An element of culpa contractual, as distinguished from culpa aquiliana:

a) the source of the obligation is the defendant’s negligent act or omission


b) defendant’s negligence is substantive and independent
c) there may or may not be a pre-existing contractual relation
d) the negligence of the defendant is merely an incident in the performance of obligation

6. An obligation to give a thing may be either determinate or generic. It is generic when the object is:

a) a concrete thing
b) one whose determination is confined to that of its nature
c) indicated by its own individuality
d) particularly designated

7. An obligation exclusively based on positive law and enforceable in court:

a) mixed obligation
b) civil obligation
c) moral obligation
d) natural obligation
8. As a general rule, every person criminally liable for a felony is:

a) likewise liable for exemplary damages


b) also civilly liable
c) generally not civilly liable
d) discharged from payment of civil liability

9. A right of the creditor if the obligation to give is determinate:

a) to compel specific performance and to recover damages in case of breach


b) to ask for delivery of a thing belonging to the genus stipulated
c) to ask that the obligation be complied with at the expense of the debtor
d) all of the above

10. Under this doctrine, a person who has not committed the act or omission which caused damage or injury to
another may nevertheless be held civilly liable to the latter either directly or subsidiarily under certain
circumstances, such as the direct and primary negligence of the employer in the selection or supervision, or
both, of his employee:

a) doctrine of last clear chance


b) doctrine of vicarious liability
c) moral obligation
d) culpa extra-contractual

11. Quasi-delicts, as distinguished from crimes:

a) include all acts in which any kind of fault or negligence intervenes


b) two liabilities are created
c) affect public interest
d) the applicable law pushes the act

12. It is an extra-contractual obligation where an officious manager voluntarily takes over an abandoned or neglected
property or business without authority of the owner:

a) solutio indebiti
b) res ipsa loquitor
c) quantum meruit
d) negotiorum gestio

QUIZ 2

1. An obligation with period or term, as distinguished from a conditional obligation?

a) it exerts an influence upon the very existence of the obligation


b) it has retroactive effects
c) refers to an interval
d) if left exclusively to the will of the debtor, the existence of the obligation is affected

2. A past event unknown to the parties may be considered a condition:

a) when it is future knowledge or proof of past event


b) when it is the past event itself
c) when the past event is unknown to both parties
d) none of the above
3. Obligations which are created at same time out of the same cause, and which result in mutual relationships of
creditor and debtor between the parties:

a) positive and negative obligations


b) reciprocal obligations
c) multiple obligations
d) collective obligations

4. In alternative obligations, what is the remedy of the debtor if through the fault of the creditor, he (debtor) cannot
make a choice according to the terms of the obligation:

a) perform the obligation which is practicable


b) the debtor may rescind the contract with damages
c) the debtor may ask the court to make the choice
d) comply the obligation with the least expense

5. The fulfillment of the condition depends upon chance or will a third party:
a) potestative
b) impossible
c) casual
d) mixed

6. All rights acquired in virtue of an obligation are transmissible, what is the exception?

a) purely personal rights


b) to be subrogated to all of the rights and actions of the debtor save those which are inherent in his person
c) to impugn all the acts which the debtor may have done to defraud him
d) all of the above

7. Effects of fulfillment of a suspensive conditional obligation to give:

a) the obligations are extinguished


b) they are prospective
c) they retroact to the day of the constitution of the obligation
d) none of the above

8. Alternative facultative obligation are kinds of:

a) conjunctive obligations
b) collective obligations
c) multiple obligation
d) distributive obligations

9. What is the nature of breach to enable to injured to party to file an action for rescission of the obligation?
a) casual breach
b) substantial and fundamental breach
c) slight breach
d) none of the above

10. Effect of fulfillment of a resolutory condition when:

a) return to status quo before the constitution of obligation


b) acquisition of real right
c) demandability of expectant right
d) all of the above
e) none of the above

11. An obligation characterized by the quality of immediate demandability:


a) solidary
b) pure
c) joint
d) alternative
e) conditional

12. An obligation ceases to be alternative and becomes a simple obligation in the following cases, except:
a) when the debtor has communicated his choice to the creditor
b) when three prestations are due but one of them is unlawful or impossible
c) when the right of choice has been expressly granted to the creditor and his choice has been communicated
to the debtor
d) when among the several prestations that are due only one is practicable

13. An event that is both future and uncertain upon which the existence or extinguishment of an obligation is made to
depend:

a) day certain
b) fortuitous event
c) period
d) condition

14. An instance where the obligation is deemed one with a period.

a) when the debtor binds himself to pay when his means permit him to do so
b) when the obligor promises to pay as soon as possible
c) a commitment to pay little by little
d) all of the above

15. If Noreen binds herself to support Peter until he graduates from college, Noreen’s obligation is with a period
called:

a) judicial
b) ex die
c) legal
d) in diem

16. As a general rule in alternative obligations, the right of choice:

a) is always subject to stipulation of the parties


b) belongs to the debtor
c) belongs to the creditor
d) is given to the third person

17. A period or term, as distinguished from a condition:

a) always refers to the future and is sure to happen or arrive


b) refers to a past event unknown to the parties
c) either gives birth to an obligation or terminates an existing obligation
d) it may or may not happen

18. In negative personal obligation, the object of the obligation is realized:

a) upon fulfillment of the condition


b) when what is forbidden is not done by obligor
c) upon extrajudicial or judicial demand of the obligee
d) when there is delay

19. There is constructive fulfillment of a condition when:

a) the obligor voluntarily prevents the fulfillment of a resolutory condition or condition subsequent
b) the obligor voluntarily prevents the fulfillment of a suspensive condition or condition precedent
c) there is impossible condition
d) none of the above

20. In obligation to do, if the obligor fails to do what which he has obligated himself to do, the obligee has the right to:

a) to compel specific performance and ask for damages


b) to have the obligation performed at the expense of the obligor and ask for damages
c) to ask that what has been poorly done be undone and ask for damages
d) all of the above

21. If Pedro promises to give Juan P10,000.00 if the latter will not harm Petra, what is the legal consequence?

a) the obligation is void


b) the obligation becomes pure
c) the obligation is subject to impossible condition
d) none of the above

22. Which of the following rules is not applicable to an obligation to do?

a) if the work is poorly done, it will be redone at the debtor’s expense


b) if the debtor fails, it will be done at his expense
c) if the debtor performs what is forbidden, it shall be undone at his expense
d) if the debtor contravenes the tenor of the obligation, it will be redone at his expense

23. An instance where the debtor shall lose every right to make use of the period

a) insolvency of the debtor after the execution of the contract


b) debtor’s failure to provide the creditor the promised guaranties or securities
c) mere attempt to abscond
d) all of the above
e) none of the above

24. Mario binds himself to give a car to his sister if she becomes a certified public accountant before year 2015, the
obligation is subject to:

a) divisible condition
b) positive condition
c) mixed condition
d) negative condition

25. If the debtor promises to pay a previous loan of P10,000.00 to the creditor on or before November 2012 provided
that he (debtor) is in Manila, the obligation is:

a) subject to potestative condition and void


b) subject to potestative condition and valid
c) subject to casual condition and valid
d) none of the above

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