11/4/2018 Prelims

Question 1 Every person criminally liable is also civilly liable.

Not yet
answered
Select one:
Marked out of
1.00
a. False

b. True

Question 2 ___________________________ is a kind of Novation as to effect where only a modification or change in some principal
Not yet conditions of the obligation.
answered

Marked out of Select one:

1.00
a. Mixed

b. Total
c. Partial

d. Implied

Question 3 Sheila bought a refrigerator from May but Sheila did not pay the refrigerator. If after demand, Shiela still did not pay, May can
Not yet sue Shiela in Court either to demand payment or for recovery of the refrigerator.
answered

Marked out of Select one:

1.00
a. True

b. False

https://blended.amauonline.com/mod/quiz/attempt.php?attempt=31759132 1/11
11/4/2018 Prelims
Question 4 The following are requisites of a valid payment except:
Not yet
answered
Select one:
Marked out of
a. Person who pays
1.00
b. None of the choices

c. Person to whom payment is made

d. Things to be paid

Question 5 It is considered loss of the thing due are through the following reasons except:
Not yet
answered
Select one:
Marked out of
a. Perishes
1.00
b. Goes out of the commerce of man

c. Disappears in such a way that its existence is unknown or it cannot be recovered.

d. None of the choices

Question 6 Elements of negligence are the following except:

Not yet
answered
Select one:
Marked out of
1.00
a. Duty on the part of the defendant to protect the plaintiff from injury of which the latter complains.

b. Failure to perform such duty as a prudent person.

c. An injury to the plaintiff through such failure

d. A person's conduct expected of a reasonably prudent person acting under similar circumstances.

https://blended.amauonline.com/mod/quiz/attempt.php?attempt=31759132 2/11
11/4/2018 Prelims
Question 7 Under Pure Obligation: G.R. No. L-28602, 29 September 1970,The University of the Philippines (UP) and Associated Lumber
Not yet Manufacturing Company, Inc. entered into a logging agreement whereby UP awarded logging concessions in one of its
answered
properties in favor of the lumber company in consideration of royalties, forest fees, etc. Sometime after, the lumber company
Marked out of failed to pay the said fees despite demands. To avoid termination of the agreement, the lumber company executed an
1.00
"Acknowledgment of debt and Proposed Manner of Payments" whereby it was expressly stated therein that UP had "the right
and power" to rescind the logging agreement in case of default of the lumber company. Subsequent thereto, the lumber
company was in default again. As a result, UP informed the lumber company that it had rescinded the logging agreement. The
lumber company claimed that it is only through a judicial declaration that a contract can be rescinded. Does UP had the right
to rescind the contract even without declaration?

Select one:
a. Yes, it is not always necessary for the injured party to resort to court for rescission of the contract. In
exercising the power of rescission, the injured party is required to inform the other party of the termination.

b. All of the choices

c. Yes, Send demand letter and afterwards a notice of rescission - A demand letter should first be sent in order
to place the other party in default. Subsequently, a notice of rescission should be sent to the guilty party as the
same is required by law.

d. Yes, the provision granting UP the power to rescind upon default of the lumber company is valid even without
any court intervention.

Question 8 General rule: Creditor cannot be compelled to receive partial prestations as well as Debtor cannot be compelled to pay partial
Not yet payments.
answered

Marked out of Select one:

1.00
a. False
b. True

https://blended.amauonline.com/mod/quiz/attempt.php?attempt=31759132 3/11
11/4/2018 Prelims
Question 9 Damages can be recovered if when contract is not perfected.
Not yet
answered
Select one:
Marked out of
1.00
a. Diligence of Employers

b. Test of negligence

c. Liability for fault for others

d. Pre contractual obligation

Question 10 The following are effects of delegacion except:

Not yet
answered
Select one:
Marked out of
1.00
a. Old debtor is not liable for non fulfillment
b. Debtor is aware of insolvency at the time he deligated his debt

c. Original debtor is released from obligation

d. The new debtor is subrogated in the rights of the creditor.

Question 11 The following are the rights of the creditor under obligations to give under generic thing except:
Not yet
answered
Select one:
Marked out of
1.00
a. To recover damages in case of breach of obligation
b. To ask that the obligation be complied with at the expense of the debtor.

c. Entitlement of fruits/interests from the time the obligation to deliver arises

d. To ask for the performance of the obligation

https://blended.amauonline.com/mod/quiz/attempt.php?attempt=31759132 4/11
11/4/2018 Prelims
Question 12 _________________________is the result of injury (loss, hurt, harm)
Not yet
answered
Select one:
Marked out of
a. Culpa
1.00
b. Dolo
c. Delict

d. Damage

Question 13 Obligations arising from contracts have the force of law between contracting parties and should be complied with good faith.
Not yet
answered
Select one:
Marked out of
1.00
a. False
b. True

Question 14 A car distributor placed an order for 20 luxury cars from a car maker company provided that the latter deliver the goods within
Not yet 12 months. It was expressly agreed and stipulated in writing that full payment depended on the prompt delivery of the goods.
answered
If the cars are delivered within the agreed period, the car company acquires to right to demand full payment for the purchase
Marked out of and its obligation to deliver is extinguished. Conversely, if the cars are not delivered after the expiration of the period, does the
1.00
obligation to pay by the car distributor's extinguished?

Select one:
a. Yes as per conditional obligation.

b. No as per conditional obligation.

c. Yes as per pure obligation.

d. No as per pure obligation.

https://blended.amauonline.com/mod/quiz/attempt.php?attempt=31759132 5/11
11/4/2018 Prelims
Question 15 Obligations derived from law are presumed.
Not yet
answered
Select one:
Marked out of
a. True
1.00
b. False

Question 16 Even though the object or service may be physically divisible but the obligation is indivisible if
Not yet
answered
Select one:
Marked out of
a. All of the choices
1.00
b. definite things
c. provided by law

d. intended by both parties

Question 17 If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; It is understood that the thing is lost
Not yet when it __________________________.
answered

Marked out of Select one:

1.00
a. Perishes

b. Disappears in such a way that its existence is unknown or it cannot be recovered.

c. Goes out of the commerce of man

d. All of the choices

https://blended.amauonline.com/mod/quiz/attempt.php?attempt=31759132 6/11
11/4/2018 Prelims
Question 18 __________________________is a kind of Prestation which consist of the delivery of a movable or immovable thing, in order
Not yet to create a real right or for the use of the recipient or for its simple possession or in order to return to its owner.
answered

Marked out of Select one:

1.00
a. To give

b. To do

c. Not to do
d. None of the choices

Question 19 __________________________is a kind of Prestation which consist of all kinds of work or services, whether mental or
Not yet physical.
answered

Marked out of Select one:

1.00
a. Not to do
b. To do

c. None of the choices

d. To give

Question 20 Commission of crimes causes not only moral evil but also material damage.
Not yet
answered
Select one:
Marked out of
1.00
a. True

b. False

https://blended.amauonline.com/mod/quiz/attempt.php?attempt=31759132 7/11
11/4/2018 Prelims
Question 21 Even in the absence of demand, debtor incurs delay if he acknowledges his delay. Request for extension of time for payment
Not yet is not sufficient though, the acknowledgement must be express.
answered

Marked out of Select one:

1.00
a. False

b. True

Question 22 The following are kinds of Negligence except;

Not yet
answered
Select one:
Marked out of
a. culpa contractual
1.00
b. culpa criminal
c. None of the choices

d. culpa aquilana

Question 23 Concept of ________________________ is the meeting in one person of the qualities of the creditor and the debtor with
Not yet respect to the same obligation
answered

Marked out of Select one:

1.00
a. Remission

b. Consignation

c. Merger
d. Condonation

https://blended.amauonline.com/mod/quiz/attempt.php?attempt=31759132 8/11
11/4/2018 Prelims
Question 24 The following are the requisites of rescission except:
Not yet
answered
Select one:
Marked out of
a. The breach is substantial
1.00
b. Partial fulfillment
c. Obligor who performed chose rescission over fulfillment or performance is impossible.
d. One of the creditors failed to comply with what is incumbent of him

Question 25 In reciprocal obligations, there can only be delay in negative obligations (not to give or not to do) not in positive obligations (to
Not yet give or to do).
answered

Marked out of Select one:

1.00
a. True
b. False

Question 26 Parties may freely enter into any stipulations or contracts, provided _______________________.
Not yet
answered
Select one:
Marked out of
a. They are contrary public order or public policy
1.00
b. Parties were forced and intimidated.

c. They are not contrary to law, morals, good customs,

d. Unwise or unfavorable contract unwillingly entered into.

https://blended.amauonline.com/mod/quiz/attempt.php?attempt=31759132 9/11
11/4/2018 Prelims
Question 27 ___________________________is a kind of compensation as to origin when decreed by court in a case where there is a
Not yet counterclaim like defendant is the creditor of the plaintiff for an unliquidated amount, sets up his credit as a counterclaim
answered
against the plaintiff and his credit is liquidated by judgment, thereby compensating it with the credit of the plaintiff.
Marked out of
1.00
Select one:
a. Voluntary Conventional

b. Judiciary

c. Legal
d. Facultative

Question 28 Under obligations, an active subject, also known as the________________, who has the power to demand the prestation
Not yet
answered
Select one:
Marked out of
a. Debtor
1.00
b. Obligor

c. Obligee or creditor
d. Complainant

Question 29 A clothing company engaged a celebrity as its product ambassador so long the latter does not endorse a particular rival
Not yet business. If the celebrity is caught promoting the products of that rival business, the clothing company may terminate the
answered
contract as the resolutory condition took effect.
Marked out of
1.00
Select one:
a. True
b. False

https://blended.amauonline.com/mod/quiz/attempt.php?attempt=31759132 10/11
11/4/2018 Prelims
Question 30 _________________________ property is alienated to the creditor in satisfaction of a debt in money shall be governed by
Not yet laws of sales.
answered

Marked out of Select one:

1.00
a. Payment by cession

b. None of the choices

c. Dation in payment
d. Consignation

https://blended.amauonline.com/mod/quiz/attempt.php?attempt=31759132 11/11