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Midterm Exam in Oblicon

1. This document contains a midterm exam for the subject Oblicon at Sea and Sky College. The exam consists of identification questions, an essay section, and a case analysis section. 2. The identification section requires students to identify legal concepts based on their descriptions. The essay section asks students to briefly but substantially answer questions about when a thing is considered lost, the instances of novation, and contract interpretation. 3. The case analysis section provides several cases for students to analyze using the A-L-A-C (Antecedents, Legal Issues, Arguments, Conclusion) method. Students must examine the facts of each case and answer accompanying questions.

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JAY ROME CASTILLANO
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246 views1 page

Midterm Exam in Oblicon

1. This document contains a midterm exam for the subject Oblicon at Sea and Sky College. The exam consists of identification questions, an essay section, and a case analysis section. 2. The identification section requires students to identify legal concepts based on their descriptions. The essay section asks students to briefly but substantially answer questions about when a thing is considered lost, the instances of novation, and contract interpretation. 3. The case analysis section provides several cases for students to analyze using the A-L-A-C (Antecedents, Legal Issues, Arguments, Conclusion) method. Students must examine the facts of each case and answer accompanying questions.

Uploaded by

JAY ROME CASTILLANO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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SEA AND SKY COLLEGE

MIDTERM EXAM IN OBLICON


First Sem, AY 2023 – 2024

I. Identification. Identify what is being described.


1. It takes place when a third person of his own initiative and without the knowledge or against the
will of the debtor assumes the latter’s obligation with the consent of the creditor.
2. The conveyance of ownership of a thing as an accepted equivalent of performance.
3. The assignment or abandonment of all the properties of the debtor for the benefit of his creditors
in order that the latter may sell the same and apply the proceeds thereof to the satisfaction of their
credits.
4. The act of depositing the thing or amount due with the proper court when the creditor does not
desire or cannot receive it.
5. The act, on the part of the debtor, of offering to the creditor the thing or amount due.
6. The abandonment by the creditor of his right against the debtor.
7. It takes place when the creditor accepts a third person to take the place of the debtor at the
instance of the latter.
8. The meeting in one (1) person of the qualities of creditor and debtor with respect to the same
obligation.
9. The extinguishment to the concurrent amount of debts of two persons who, in their own right, are
debtors and creditors to each other.
10. The currency which if offered by the debtor in the right amount, the creditor must accept in
payment of a debt in money.

II. Essay. Answer briefly but substantially.


a) When is a thing considered lost? (3 points)
b) What are the three instances wherein novation takes place? (3 points)
c) How is a contract interpreted? (4 points)

III.Case Analysis. Examine the given cases and answer the given questions. Answer in A-L-A-C Method.
A. D owes C ₱10, 000 with G as guarantor. On the due date of the obligation, T, a third person,
offered to pay the obligation of D. Can C legally refuse to accept the payment?
B. X obliged himself to deliver to Y a specific carabao on July 31. The carabao died on July 25. Y has
no proof that X was negligent. Is X liable to Y?
C. A contract to sell a parcel of land is entered into by A and B. In their written contract, the piece of
land includes the concrete barangay road in front of the parcel of land. Rule on the validity of the
contract.
D. S offered to sell his Honda motorcycle to T. Unbeknownst to T, the motorcycle’s machine brand is
RUSI. Nonetheless, T purchased the motorcycle. Upon inspection of T’s trusted mechanic, he
informed T that the motorcycle is not Honda. Is the sale valid?
E. X and Y entered into a valid contract. X filed for the enforceability of the contract to which the
court granted. During the enforcement of the contract, as requested by X, he then filed for
reformation subsequently. Will the reformation prosper?
F. Does a contract to sell a house and lot with all the furniture therein includes the refrigerator in the
garage?
G. X owes Y ₱10, 000 with Z as guarantor. Y owes Z ₱10, 000. Can compensation take place?
H. Mr. X coerced Y to sell his land by saying that if Y did not sell his land to him, Y and his family
might get into trouble. Because of that, Y sold his land to Mr. X. Is the sale valid?

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