BLR 211 - Assessment Quiz (Contracts) c.

Unenforceable

Total points-72/100 d. Void/Inexistent

QUIZ PROPER: (Q1 to Q5)

8 of 10 points 5. Those undertaken in fraud of creditors when the
1. Gloria donated a house and lot to Nani, her latter cannot in any other manner collect the claims
paramour. The donation is: due them.

a. Void or inexistent a. Void

b. Unenforceable b. Voidable

c. Rescissible c. Rescissible

d. Valid d. Unenforceable

2. The most defective contract is: e. Valid

f. None of the above

a. Rescissible

Q6 to Q10
b.Voidable
4 of 10 points
6. An oral agreement made in consideration of
c. Unenforceable marriage.

d. Void/Inexistent a. Void

3. Ayi, a minor, entered into an advertising contract b. Voidable

with Wyeth, Philippines. The contract is:

c. Rescissible
a.Rescissible
d. Unenforceable
b.Voidable
e. Valid
c. Unenforceable
f. None of the above
d. Void/Inexistent
7. The right to assail this kind of contract is
4. The least defective contract is: imprescriptible.

a. Rescissible a. Void

b. Voidable b. Voidable
 c. Rescissible d. Personal

d. Unenforceable Q11 to Q15

8 of 10 points
11. This characteristic of a contract states "Obligation
e. Valid arising from contracts have the force of law between
the contracting parties and should be complied with in
f. None of the above. good faith.

8. A contract which is not susceptible of being a. Relativity

convalidated.
b. Obligatory
a. Void
c. Mutuality
b. Voidable
d. Autonomy
c. Rescissible
12. A sold his land to B. Although the sale was made
d. Unenforceable orally, B still paid A the agreed price. Later, B wanted
to have the sale registered but he needed a public
instrument. What can B do?
e. Valid

a. B may compel A to execute the public

f. None of the above.
instrument because the contract is valid.

9. Damage or injury to a party generally due to the

b. B cannot compel A to return the price because
disparity between the price and the value of the
the contract is not enforceable.
subject matter is known as:

c. B may only sue A to return the price because no

a. Lesion one may enrich himself at the expense of another.

b. Damages d. B may occupy and use A's land as a buyer in

good faith.
c. Simulation
13. If mistake, fraud, inequitable conduct, or accident
d. Rescission has prevented a meeting of the minds of the parties to
contract, the proper remedy is:

10. Contracts which are perfected upon delivery are

known as: a. Sue for specific performance of the contract.

a. Formal b. Ratify the contract.

b. Solemn c. Annulment of the contract.

c. Real d. Reformation of the contract.

14. D is indebted to C for P10,000. For the purpose of 17. G was appointed guardian of S, the latter being 16
defrauding C, D sold his only parcel of land to X years old. S sold his parcel of land in writing to B
valued P10,000. X has no knowledge of the intention valued at P100,000 for P75,000 suffering lesion by
of D. 1/4 of the value. What is the status of the contract?

a. The contract D and X is binding. a. Rescissible

b. The contract is voidable because S is in bad b. Unenforceable

faith.
c. Enforceable
c. The right of C is to rescind the contract because
the transaction is fraudulent.
d. Voidable

d. The contract between D and X is rescissible.

18. D owes C P10,000. But the debt soon prescribed.
Later X, against the consent of D, pays C P10,000.
15. L entered into a contract of lease with X. T, the
clerk of L, typed the document. Due to T's negligence,
the document made was that of sales instead of lease. a. X cannot recover from D what he pays C

b. X can recover to D P10,000 because the latter

a. The remedy is annulment.
was enriched at the expense of X

b. Parties may go to court for interpretation.

c. C is liable to X for P10,000

c. Parties may enforce their right because it is

d. X has no right
enforceable.

19. D owes C P500. However, C's right has already

d. None of the above.
prescribed. Notwithstanding the knowledge of this
fact, D paid the amount. Realizing this mistake, D
Q16 to Q20 wants to recover the amount he paid.
8 of 10 points
16. S owns an oil painting. Being in need of money, S
sold the painting for B for P1,000. After the sale S a. D can be made to recover on the ground of
discovered that the painting was valuable and worth mistake
P5,000.
b. D can be made to recover on the ground that his
obligation is not legally enforceable
a. S may rescind the contract on the ground of
lesion or inadequacy of cause.
c. D can be made to recover because this will
enrich C at the expense of D
b. S may annul the contract on the ground of fraud.

d. D cannot recover
c. S may annul the contract on the ground of error.

20. On July 15, 1991, X entered into a contract with

d. B is entitled to the benefit of the contract
Y. On February 10, 1992, X discovered that fraud was
because it is valid and binding.
committed at the time he entered into the contract, a
fraud that vitiated his consent. The action for
annulment shall be brought.
 a. Within three years from the time of fraud 23. Mr. Santos sold his car to Mr. Garcia for
P150,000. No date was fixed by the parties for the
performance of their respective obligations. The
b. Within four years from February 10, 1992 obligation of Mr. Santos is:

c. D can be made to recover because this will

enrich C at the expense of D a. To deliver the car immediately as there is a
perfected contract

d. On February 10, 1992

b. To deliver the car upon the payment by Mr.
Garcia of P150,000
Q21 to Q25
10 of 10 points
21. Y sold his horse to Z for P50,000. No payment c. To rescind the contract since there is no time
has yet been made and the sales document does not fixed for the delivery and payment of the car
provide the date of delivery. Before the delivery and
payment, the horse gave birth to a baby horse. d. To deliver the car within reasonable time after
the demand of Mr. Garcia to deliver
a. Z is entitled tot he baby horse which was born
after the perfection of the contract
24. These persons are bound by contract
b. Y is entitled to the fruit (baby horse) as Z has not
paid the price yet a. Contracting parties

c. Y is entitled to the fruit (baby horse) because it b. Heirs

was born before his obligation to deliver the horse
c. Assigns or assign
d. Z should pay additional amount for the baby
horse to be entitled to it
d. All of them

22. A wrote a letter to B wherein A offered to sell a

25. The following is considered fraud or fraudulent:
piece of land to B for P200,000. B signified his desire
to buy the land. In A's letter he gives B a period of
two (2) months within to produce the P200,000. After a. Failure to disclose the facts where there is duty
45 days, A told B that the price of the land is now to reveal them
P250,000. Can B compel A to accept the P200,000
first offered by A and execute the deed of sale?
b. The usual exaggeration in trade, when the other
party had the opportunity to know the facts
a. Yes, because there was actual meeting of the
minds of the parties
c. Misrepresentations made not in bad faith

b. No, for B did not signify his acceptance to A's

offer d. "Caveat Emptor"

c. Yes, because A is already estopped by his signed Q26 to Q30

letter 6 of 8 points
26. The following, except one, are the characteristics
of void or inexistent contract. Which is the exception:
d. Yes, because the period of two(2) months has
not expired
 a. The defense of illegality of contract is available the place of Severino to pay the price of the lot but
to third persons whose interest is not directly Severino refused to accept it, saying that the sale is
affected unenforceable not being in writing.

b. They are not subject to ratification a. The sale of the lot is enforceable although not in
writing because the price is less than P500.00.
c. The right to raise defense of illegality cannot be
waived b. The sale is enforceable because Benedicto was
duly authorized to buy the lot through a resolution
d. The action of defense for declaration of their which is in writing.
nullity or in existence of the contract does not
prescribe c. The sale of the lot is void not being in a public
instrument
27. Statement I: Violence or intimidation, although
employed by a third person who did not take part in d. The sale is unenforceable since the sale of real
the contract, annuls an obligation. Statement II: property must be in writing regardless of the price
Misrepresentation by a third person does not vitiate to be enforceable.
consent, unless it created substantial mistake and the
same is mutual.
TRUE OR FALSE
28 of 42 points
a. Both statements are correct. 1. Stipulation pour autrui applies only to executory
contracts.
b. Both statements are wrong.
TRUE
c. Only Statement I is correct.
FALSE
d. Only Statement II is correct. 2. Strictly speaking, when one of the essential
elements of a valid contract is missing, it is
considered as void.
28. The stages of a contract according to the order of
their occurrence are:
TRUE
a. birth, conception, consummation FALSE

b. conception, consummation, birth 3. The right to validate a void contract is

imprescriptible.
c. conception, birth, consummation
TRUE
d. consummation, conception, birth
FALSE
29. Severino, orally sold a one-square meter lot for
P475.00 to Benedicto, chairman of Barangay 4. Ratification is the process of validating a
Mapayapa, who was officially authorized in a rescissible contract.
barangay resolution to look for and buy a lot where
the barangay would construct a barangay marker.
Since Benedicto did not have sufficient cash at that TRUE
time, he told Severino that he would give the amount
the following day. The next day, Benedicto went to
FALSE FALSE
5. Voidable contracts are defective because of the 12. Mutual promise to marry which was reduced into
injuries or damages suffered by the contracting writing is enforceable.
parties.

TRUE
TRUE

FALSE
FALSE 13. Future inheritance can be sold by the future heir.
6. A proxy marriage is a voidable contract.

TRUE
TRUE

FALSE
FALSE 14. In a contract of sale, the giving of earnest money
7. If an agent exceeds the limits of his authority - the signifies that there is already a meeting of the minds
contract is unenforceable which means that it can be between the contracting parties.
enforced in court.

TRUE
TRUE
FALSE

FALSE
8. A sale of the road right of way of Harrison Road, 15. Real contracts are perfected by delivery like
Baguio City is valid. pledge, deposit and commodatum.

TRUE TRUE

FALSE
FALSE
9. In a reciprocal obligation the power to rescind is
16. As a rule, contract entered into by a guardian on
implied.
behalf of a minor is rescissible.

TRUE
TRUE
FALSE
FALSE

10. Sale of real property through an agent who was

17. Statute of Fraud requires that certain executed
authorized verbally is unenforceable.
contracts must be reduced into writing to prevent the
commission of fraud.
TRUE

FALSE TRUE

FALSE
11. Usual exaggerations of trade are considered as
fraudulent.
18. Annulment of the contract is the proper remedy if
the contract does not reflect the real intention of the
TRUE parties and the element of the consent is already
present.
 TRUE TRUE

FALSE
FALSE
19. Contract for the sale of real property regardless of
its value must be in writing to be effective between 21. Caveat emptor is a warning to the sellers to be
the contracting parties. aware of what they are selling.

TRUE TRUE

FALSE
FALSE

20. Automatic transfer of ownership from the creditor

to the debtor which is prohibited by law is also known
as pactum commissorium.