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USST COLLEGES

Department of Business Administration


BEC 5 Obligations and Contracts 1st Sem., AY 2015-2016

PRELIMINARY EXAM

NAME: ___________________________ DATE: ________________


SECTION: ___________________________

INSTRUCTIONS:
1) DO NOT LOOK AT YOUR CLASSMATES TEST PAPER OR TALK TO ANY OF YOUR CLASSMATES.
IF YOU HAVE QUESTIONS ABOUT THE EXAM, OR NEED AN EXTRA PEN OR PAPER, GO TO THE
INSTRUCTOR OR EXAM PROCTOR. IF YOU ARE CAUGHT TALKING TO ANY OF YOUR
CLASSMATES OR LOOKING AT THEIR TEST PAPERS ONCE THE EXAM STARTS, YOU MAY BE
CONSIDERED CHEATING.
2) SURRENDER YOUR CELLPHONE, BAGS AND STUDY MATERIALS, AND ALL YOUR BELONGINGS
TO THE FRONT OF THE ROOM BEFORE TAKING THIS EXAM. IF YOU USE YOUR PHONE OR ANY
PAPER OTHER THAN YOUR TEST PAPER DURING THE EXAM, YOU WILL BE CONSIDERED AS
CHEATING.
3) SURRENDER YOUR TEST PAPER TO THE INSTRUCTOR OR PROCTOR IF YOU NEED TO GO THE
BATHROOM. YOUR PAPER WILL BE RETURNED TO YOU ONCE YOU RETURN. ONLY ONE
PERSON IS ALLOWED TO BE OUTSIDE AT ANY GIVEN TIME DURING THE EXAMINATION.
4) CHEATING ON THIS EXAMINATION SHALL RESULT IN A FAILING GRADE FOR THE COURSE. IN
ADDITION, YOU MAY BE SUSPENDED OR DROPPED FROM THE ROLLS OF USST IF YOU ARE
FOUND GUILTY OF CHEATING.

BY SIGNING YOUR NAME BELOW, YOU ATTEST THAT YOU READ THE INSTRUCTIONS AND THAT YOU
WILL NOT CHEAT NOR AID YOUR CLASSMATE IN CHEATING ON THIS EXAM, AND THAT YOU
UNDERSTAND THAT IF YOU ARE FOUND DOING SO, YOU MAY BE SUSPENDED OR DROPPED FROM
THE ROLLS OF USST.

NAME OF STUDENT: _________________________________________

SIGNATURE: _________________________________________

I. Multiple Choice (2 points, 60 points total). Choose the best answer to complete
the statement. Write the letter of the correct answer in the space provided.

______1. What is NOT a source of obligation under Art. 1157 of the Civil Code:
a. quasi-delict c. form
b. law d. contract

______2. What is NOT a requisite for a valid obligation?


a. consent c. obligor
b. vinculum juris d. object

______3. Delay is also called:


a. mora c. culpa
b. dolo d. negligence

______4. In an obligation to do, if the obligor fails to do it, it shall be:


a. done at the obligors expense c. undone at the obligors expense
b. done at the obligees expense d. undone at the obligees expense

______5. A contract of sale is an example of a/an:


a. accessory obligation c. reciprocal obligation
b. divisible obligation d. facultative obligation
Name and Signature: _________________________
Section: _________________________

______6. An essential element of CONTRACTS is:


a. consent c. compensation
b. vinculum juris d. subject

______7. For the creditor, receipt of installment payment for July without reservation as to prior or
previous installments, shall give rise to the presumption that payments for January to June have
been:
a. stolen c. delayed
b. deposited in a bank d. paid

______8. A real obligation consists in:


a. doing something c. not doing something
b. giving something d. not giving anything

______9. An obligation without a condition is called a:


a. pure obligation c. no condition obligation
b. unconditional obligation d. solidary obligation

______10. An example of a personal obligation, as differentiated from a real obligation, is:


a. giving an amount of money c. getting a perfect score on this exam
b. giving a parcel of land d. giving a 1992 honda civic

______11. Mr. Kim will donate a parcel of land to Mr. Allen, only to be delivered after Mr. Kims
graduation, this is an example of an obligation with a _________ term.
a. suspensive condition c. resolutory condition
b. resolutory period d. suspensive period

______12. All obligations to give includes an accessory obligation which is ________________:


a. to pay your dues c. to take care of the thing
b. to take a selfie with the thing d. to wrap the thing

______13. All obligations to give includes an accessory obligation to (12) with ______________:
a. extraordinary diligence c. the diligence of Sir Ato
b. the diligence of a good father d. utmost diligence

______14. When the obligor binds himself to deliver ten dogs, the object of the obligation is:
a. determinate c. indeterminate
b. specific d. numerous

______15. This is what binds the parties to the obligation:


a. rope c. utang na loob
b. forever (pero walang forever) d. juridical or legal tie

______16. In the essential requisites of obligations, the passive subject refers to the:
a. debtor c. beneficiary
b. creditor d. arbiter

______17. An obligation characterized by its non-enforceability in a court of law:


a. civil obligation c. unenforceable obligation
b. natural obligation d. national obligation

______18. This refers to the right of the creditor to exercise all of the rights and bring all of the
actions which the debtor may have against third persons.
a. accion publiciana c. accion subrogatoria
b. accion pauliana d. accion reivindicatoria

______19. When what is to be delivered is a determinate thing, the creditor, may ________ the
debtor to make the delivery:
a. compel c. convince
b. compare d. confuse

______20. In the essential requisites of obligations, the active subject refers to the:
a. debtor c. beneficiary
b. creditor d. arbiter
Name and Signature: _________________________
Section: _________________________

______21. This refers to the right of the creditor to impugn all of the acts the debtor may have
done to defraud him.
a. accion publiciana c. accion subrogatoria
b. accion pauliana d. accion reivindicatoria

______22. In obligations with a condition, condition refers to:


a. a past and certain event c. a past event unknown to the parties
b. a past, present, future event d. a future and certain event

______23. In obligations with a period, period refers to:


a. a past and certain event c. a past and uncertain event
b. a future and uncertain event d. a future and certain event

______24. For the creditor, receipt of the principal without reservation as to the interest, shall give
rise to the presumption that said interest:
a. has been paid c. is still running
b. is still due and demandable d. is escalating

______25. In order that a fortuitous event or force majeure may exempt a person from liability, it
is necessary that he/she be free from _____________.
a. disease c. the Spanish rule
b. negligence d. liability

______26. In a joint obligation to pay Php 1,000 and there are 4 debtors, how much is each
debtor liable to pay?
a. Php 250 c. Php 500
b. Php 1,000 d. none

______27. If an obligation is solidary, how many creditors or debtors are there?


a. 2 debtors 1 creditor c. 3 debtors 3 creditors
b. 1 debtor 2 creditors d. all of the above

______28. When through an accident or other cause, a person becomes severely injured and he
is treated or helped by another person while he is not in a condition to give consent, the law itself
provides for the consent. This thus requires him later to reimburse the person who advanced the
payment for his safety. What is this an example of?
a. delict c. contract
b. quasi-delict d. quasi-contract

______29. A creditor has no real right over a thing until it has been delivered to him/her. The
real rights here refer to right of ownership, which is enforceable against the whole world. What is
another term for real right?
a. juice colored c. jus in re
b. jus ad rem d. none of the above

______30. Generally speaking, a husband and wife have a ________ obligation to love and
respect his or her partner.
a. natural c. civil
b. unilateral d. no

II. True or False (1 points each, 10 total points)

1. Giving tip for certain services such as to a waiter at a restaurant is a natural


obligation.
2. Form is the fifth requisite of obligations.
3. The obligor who will perform the prestation to give, to do or not to do is the active
subject.
4. Not all contracts are perfected once there is a meeting of the minds.
5. Before a debtor is declared in default, there must always be demand.
6. A debtor may still be held liable for loss due to fortuitous events.
7. No obligor can incur in delay in negative obligations.
8. Not all obligations are enforceable.
9. In ALL obligations, extraordinary diligence of a good father of a family is required.
10. Delicts can be found in the Revised Penal Code.
Name and Signature: _________________________
Section: _________________________

III. Essay (30 points total). Keep your answers concise and direct to the point. For
parts III and IV, you can use the space below and the space in the back of this
page.

1. Differentiate a natural obligation from a civil obligation. (5 points)


2. Differentiate a condition from a term/period. (5 points)
3. What is a fortuitous event? (4 points)
4. What are the different sources of obligations? Give one (1) example of each. (10
points)
5. Give one (1) example for each of the prestations. (3 points)
6. Give three modes of breaching of an obligation. (3 points)

IV. BONUS. (20 points)

Mara promised to buy a unicorn for Maricar. Maricar, however, had spent all of her
money giving her friends and classmates a treat at Mcdonalds. So, Maricar, was not
able to pay for the unicorn when it was delivered to her by Mara. Who is the obligor?
Who is the obligee? What is the object? What is the prestation?

Good job finishing this exam!


Now you know how much you know and how much you dont know.