Culpa levis under the Roman Law means

Select one:
A.Grave negligence
B.Super negligence
C.Slight negligence
D.Ordinary negligence

Delay or default on the part of the obligor to give is known as –

Select one:
A.mora accipiendi

B.Mora solvendi

C.compensation morae

D.mora solvendi ex re

E.mora solvendi ex persona

Dante obliged himself to give Carlo 100 cavans of rice on December 25, 2016. On said date, Dante failed
to make delivery, despite repeated demands by Carlo

Select one:
A.Carlo can compel Dante to deliver 100 cavans of rice plus damages
B.Carlo has no remedy under the law

C.Dante can rescind the contract because the object is indeterminate

D.Carlo my ask a third person to deliver 100 cavans of rice to him, the value recoverable from Dante
plus damages

Statement 1: Responsibility arising from negligence or culpa in the performance of an obligation is

demandable. Culpa aquiliana is that fault or negligence which results from breach of contract.
Statement 2: Negligence signifies the idea of delay in the fulfillment of an obligation

Select one:
A.First statement is true; second statement is false
B.Both statements are false
 C.Both statements are true
D.First statement is false; second statement is true

Statement 1: Obligation for whose fulfillment a day certain has been fixed, shall be demandable only
when that day comes. Obligation with a resolutory period takes effect at once, but terminates upon
arrival of the day certain.
Statement 2: The creditor acquires real rights over the thing from the moment the thing is delivered and
not from the time the obligation to deliver it arises

Select one:
A.First statement is true; second statement is false
B.Both statements are false
C.First statement is false; second statement is true
D.Both statements are true

S offered to sell his house and lot to B for P5,000,000 giving to him an option of 60 days within which to
decide whether or not to buy. After only 15 days, S met T who offered to buy the same house and lot for
P8,000,000. S then notified B of the withdrawal of the option and proceeded to sell to T. B files an action
for damages against S

Select one:
A.Correct answer not indicated
B.B can recover damages from S if B gave S option money which will result in a perfected contract of
sale
C.B cannot recover damages from C because his option is without consideration as something paid
or promised
D.B can recover damages from S because the latter violated the option given to the former

S offered to sell to B his house and lot for P10,000,000. In order to pressure B into buying said house and
lot, T, a very good friend of S, threatened B with death as a result of which B accepted the offer of S. It
turns out now that the market value of the house and lot is P15,000,000. Is the contract of S and B valid?
Select one:
A.The contract is voidable because the consent given by B is anyway vitiated even if the intimidation
was employed by a third person
B.The contract is valid since it is very clear that S did not apply the intimidation
C.The issue of the contract being voidable is not relevant because B will not have the contract
avoidable because it is actually favorable to him
D.It is not B but S or T who can file the action for annulment
The guardian of an insane person sells a house and lot belonging to the latter valued at P100,000 to B,
buyer for P74,000 with the approval of the court. The contract is

Select one:
A.Void
B.Voidable
C.Valid
D.Rescissible
E.Unenforceable

The following are the requisites of mora solvendi, except

Select one:
A.Obligation was performed on its maturity date
B.Failure of the debtor to comply with such demand
C.Obligation pertains to the debtor and is determinate, due, demandable, and liquidated
D.There is judicial or extrajudicial demand by the creditor

This are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the
defendant, may be vindicated or recognized

Select one:
A.Actual damages
B.Nominal damage
C.Temperate damages
D.Moral damages

A judicial relation known as Negotiorum Gestio takes place

Select one:
A.When a person voluntarily takes charge of another’s abandoned business or property without the
owner’s consent
B.When a person is appointed by a court to take the property or business of another
C.When something is received and there is no right to demand it and it was delivered through
mistake
D.None of the choices
Valentina orally promised to many Pedro as consequence of which the latter contracted the Manila
Cathedral as the venue of the marriage, the whole of the Fiesta Pavilion of the Manila Hotel the bridal
gown to be made by Pitoy Moreno, spending all in all about P1,000,000. On the date of the marriage,
Valentina did not appear

Select one:
A.Pedro can legally compel Valentina to marry him
B.While Pedro cannot compel Valentina to marry him, he can collect from Valentina damages
C.Pedro can neither collect damages from Valentina nor compel her to marry him
D.Pedro cannot compel Valentina to pay damages because the mutual promise to marry was oral

The following are all sources of contractual liability, except:

Select one:
A.Negligence
B.Delay
C.Contravention of the tenor of the obligation
D.Fraud
E.Mistake

Which of the following is void?

Select one:
A.Obligation with suspensive condition wherein the fulfillment of the condition depend upon the 
will of the creditor.
B.Obligation with resolutory condition wherein the fulfillment of the condition depend uponthe sole
will of the debtor
C.Obligation with resolutory condition wherein the fulfillment of the condition depend upon the will
of the creditor.
D.Obligation with suspensive condition wherein the fulfillment of the condition depend upon the
sole will of the debtor

Statement I. The law does not allow waiver of an action for future fraud.
Statement II. Damages arising from fraud cannot be mitigated or reduced by the courts unlike damages
arising from negligence especially if there is contributory negligence.
Select one:
A.Statement I is true but statement II is false
B.Both statements are false
 C.Statement I is false but statement II is true
D.Both statements are true

There is no legal delay in

Select one:
A.Obligation to deliver indeterminate thing
B.Negative personal obligation
C.Positive personal obligation
D.Obligation to deliver determinate thing

X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the sale, X deposited P30,000
in the bank spent for food, clothing and other personal expenses P20,000, joined a tour abroad costing
P20,000, lost in gambling P20,000 and loaned P10,000 to Z who became insolvent. Upon reaching the
age of 21 years, X files an action for annulment which the court granted. Y was required to return the
land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)

Select one:
A.P30,000
B.P40,000
C.P80,000
D.P70,000

It is the right of the active subject to demand performance to a definite passive subject?

Select one:
A.Real right
B.Jus utendi
C.Jus ad rem
D.Jus in re

Statement I. There is stipulation pour autrui in case the stipulation states that one of the parties to a
contract is exempt from all previous claims and damages sustained by the other party.
Statement II. A stipulation pour autrui need not be in any particular form, and may even be inferred
from the fact that the beneficiary has enjoyed the same for a considerable period

Select one:
A.Statement I is false but statement II is tru
 B.Both statements are false
C.Both statements are true
D.Statement I is true but statement II is false

This is never presumed. To exist it must be provided for in the Civil Code or in some special law

Select one:
A.Obligation ex quasi delicto
B.Obligation ex contractu
C.Obligation ex delicto
D.Obligation ex lege

Jeac has one year contract as movie actress with Paramount Picture. One morning, Kin his close friend
induce her to terminate his contract with Paramount picture and to enter a new contract with
Dimension Picture so that she can get her commission. Jeac sign a contract with Paramount picture

A.Paramount can sue Dimension picture for damages for allowing Jeac to enter a new contract
B.Paramount picture can sue Kin for inducing Jeac to violate his contract
C.Paramount has no remedy against Kin and Dimension because they are not party to a contract
D.Paramount cannot sue Kin because she is not party to a contract

S offered to B the sale of his house and lot for 10,000,000 by means of a letter. At the same time, B
offered to buy from S the same house and lot by way of telegram for P10,000,000 also. B has received
the offer of S and S has also received the telegram of B. Is there a perfected contract of sale between S
and B?

A.Correct answer not given

B.Yes, because the essential elements are all present, namely: consent, object and consideration
C.No, because the house and lot being an immovable to perfect the contract it must be in a public
document
D.No, because what occurred was not a concurrence of offer and acceptance but a crisscrossing of
offers

S offered to sell to B his house and lot for P10,000,000. In order to pressure B into buying said house and
lot, T, a very good friend of S, threatened B with death as a result of which B accepted the offer of S. It
turns out now that the market value of the house and lot is P15,000,000. Is the contract of S and B valid?
 A.It is not B but S or T who can file the action for annulment
B.The contract is voidable because the consent given by B is anyway vitiated even if the intimidation
was employed by a third person
C.The contract is valid since it is very clear that S did not apply the intimidation
D.The issue of the contract being voidable is not relevant because B will not have the contract
avoidable because it is actually favorable to him

Orencia is the owner of a car which was sold by Say without authorization in favor of Billy. The contract
between Say and Billy in so far as Orencia is concerned is:

A.Valid
B.Rescissible
C.Voidable
D.Unenforceable
E.Void

Statement 1: If the debtor changes his domicile in bad faith or after he has incurred in delay, the
additional expenses shall be borne by him.
Statement 2: The payment of debts in money shall be made in the currency stipulated, and if it is not
possible to deliver such currency, then in the currency which is legal tender in the Philippines

A.First statement is true; second statement is false

B.Both statements are false
C.First statement is false; second statement is true
D.Both statements are true

Statement 1. If the partner is the sole manager of the partnership and he associate another person with
him in his share in the partnership, the person associated automatically becomes a partner in the
partnership. 
Statement 2. All capacitated persons can enter into a contract of universal parnership

A.No. 1 is true; No. 2 is false

B.No. 1 is false; No. 2 is true
C.Both are true
D.Both are false
X owes M P100,000.00 and he is also indebted to MNO Company in the amount of P400,000.00. M is the
managing partner of MNO Company and X’s obligations are already due and demandable. X paid to M
the amount of P90,000.00 and M issued a receipt applying the payment to his personal credit. What
shall be the right of the partnership against M in this case?

A.Demand 80% or P72,000.00 out of the payment made by X

B.Demand the full amount paid by X
C.None because M credited the payment to his personal credit
D.Demand 50% or P45,000.000 out of the payment made by X

X, a minor sold to Y his parcel of land for P100,000. From the proceeds of the sale, X deposited P30,000
in the bank spent for food, clothing and other personal expenses P20,000, joined a tour abroad costing
P20,000, lost in gambling P20,000 and loaned P10,000 to Z who became insolvent. Upon reaching the
age of 21 years, X files an action for annulment which the court granted. Y was required to return the
land to X and X was made to return to Y the amount of: (Phil CPA, 94-1)

A.P40,000
B.P70,000
C.P30,000
D.P80,000

Statement 1. If the partner is the sole manager of the partnership and he associate another person with
him in his share in the partnership, the person associated automatically becomes a partner in the
partnership. 
Statement 2. All capacitated persons can enter into a contract of universal parnership.

A.No. 1 is false; No. 2 is true

B.No. 1 is true; No. 2 is false
C.Both are false
D.Both are true
Which of these constitutes fraud?

A.The usual exaggeration in trade if the other party had an opportunity to know the facts
B.Both b and c
C.An expression of opinion which did not turn out to be true if made by an expert and the other
party relied on it
D.Failure to disclose facts when there is no duty to reveal them
E.A misrepresentation made in good faith.