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Examination
on
Law on
Obligations
and
Contracts
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Facts: Juana is a jeweler engaged in selling customize and luxurious
jewelries to different customers. Tish on the other hand is a socialite who
loves collecting unique jewelries. In a Trade fair held in Germany, Tish and
Juana were introduced with the other by a common friend, John. On
their first meeting, Juana showed Tish all of her items for sale. One item
that caught Tish attention was the L’incomparable Diamond Necklace, a
unique diamond necklace worth P55 million. Tish was so mesmerized
with the item that she wanted to immediately have it. Juana agreed but
on condition that Tish should pay at least half of the purchase price and
the balance payable 30 days thereafter otherwise Tish should return the
item. Bereft of cash, Tish approached John and opened to him her
predicament. John agreed to lend her P25 million on condition that it
shall be paid 4 months thereafter with an interest of
1
million. Tish,
blinded by her desire, agreed with the condition hence successfully
obtained her favorite Jewelry. A week after the meeting, Tish flew back
to the Philippines via Cathay Pacific airline. After 45 minutes from
departure, the plane where Tish was on board suddenly disappeared
from the radar. Hours later, news broke out that the plane crashed in the
Pacific Ocean caused by a lightning. During the search and rescue
operation, the rescuers found Tish as the sole survivor of the crash. Tish
kept on crying and when asked, answered that she could not bear the
emotional loss since her favorite Jewelry was lost together with the
wreckage. Two months thereafter, Tish approached Juana and informed
her that she cannot pay her obligation because she is already declared
insolvent. Further, she also informed Juana that even if she is not
insolvent, she will not pay the obligation considering that the object was
lost in the crash wreckage. As to the subject matter, what is the nature of
Tish’s obligation to Juana? *
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Real Obligation to give a specific property.
Real obligation to give a generic property.
Positive personal obligation.
Negative personal obligation.
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In the facts given, Can Tish refuse her obligation to pay John? *
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Yes, since the object of the obligation was already lost in a fortuitous event.
Yes, because Tish was already insolvent and has no more money.
No, because the object of the obligation is not lost.
No, because Tish was negligent in losing the object.
In the facts given, As against Juana, is Tish allowed not to perform her 2/2
obligation? *
Yes, because the obligation is extinguished there being a fortuitous event pursuant
to the special rules.
Yes, because there is no more object as to the obligation.
No, because the crash is not caused by a fortuitous event.
No, because the obligation is not extinguished.
In the facts given, In case Tish decides to pay her obligation to Juana, 2/2
may she be allowed to enjoy the period given assuming that the period
to pay has not yet expired? *
Yes, because the debtor has the right to enjoy the period.
Yes, because it is the agreement of the parties.
No, the period fixed would be useless.
No, because Tish is in default.
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2/2
Yes
Not yet
All of the above
None of the above
In the facts given, Considering that Tish is already unable to pay the
balance, is Juana allowed to claim back the subject jewelry? *
2/2
Yes, because it was agreed by them that she should return the item.
Yes, because the object the obligation is a generic thing hence it cannot be lost.
No, there being no item found in the wreckage the item is deemed considered lost.
No, because the item is lost through a fortuitous event.
In the facts given, In so far as the payment of the balance in favor of
Juana, what is the nature of Tish’s obligation? *
2/2
Pure Obligation
Conditional Obligation
Obligation with a period
Mixed Obligation
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In the facts given, If Juana will not make a demand against Tish for the 2/2
payment of the balance, may Tish be considered in default already? *
Yes
No
None of the above
All of the above
In the facts given, May Juana be allowed to ask for a specific
performance against Tish? *
2/2
Yes
No
None of the above
All of the above
In the facts given, May John ask for a Specific performance against Tish? 2/2
*
Yes
No
None of the above
All of the above
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The creditor in a civil obligation has a right under the law to enforce their
2/2
performance in Courts of Justice. *
True
False
In real obligations the debtor/obligor has the duty to exercise diligence of 2/2
a good father of a family in the preservation of the object. *
True
False
There is no obligation if there is no law requiring an obligation. *
2/2
True
False
A past event which is unknown to the parties may be used as a condition.2/2
*
True
False
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There is no Contract if there is no document signed by both parties. *
2/2
True
False
Identify the kind of defective contract: Absence of Consent. *
2/2
Rescissible Contract
Voidable Contract
Unenforceable Contract
Void Contract
Identify the kind of defective contract: One of the contracting party is a
2/2
minor *
Rescissible Contract
Voidable Contract
Unenforceable Contract
Void Contract
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Identify the kind of defective contract: Both parties are minors *
2/2
Rescissible Contract
Voidable Contract
Unenforceable Contract
Void Contract
Identify the kind of defective contract: Object is sold by representative in
2/2
excess of authority *
Rescissible Contract
Voidable Contract
Unenforceable Contract
Void Contract
Identify the kind of defective contract: Signature obtained by Force *
2/2
Rescissible Contract
Voidable Contract
Unenforceable Contract
Void Contract
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Identify the kind of defective contract: Defective essential elements. *
2/2
Rescissible Contract
Voidable Contract
Unenforceable Contract
Void Contract
Identify the kind of defective contract: Absence of an essential element.
2/2
*
Rescissible Contract
Voidable Contract
Unenforceable Contract
Void Contract
It is an essential element of a contract manifest by the agreement of the
2/2
parties. *
Consent
Object
Consideration
None of the above
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2/20/22, 2:23 AM
Final Exam
https://docs.google.com/forms/d/e/1FAIpQLSchLNbXYDRpKRyxBVUlQynV1_VzcDtJYp9A1XMWCxg58SXrcw/viewscore?viewscore=AE0zAgBQ_h… 10/10
It is the subject matter of the contract *
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Consent
Object
Consideration
None of the above
It is the essential reason why parties entered into a contract *
2/2
Consent
Object
Consideration
None of the above
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