COMPETENCY REVIEW AND ASSESSMENT

REGULATORY FRAMEWORK AND BUSINESS TRANSACTIONS April 15, 2025

First Preboard Examination 9:00 AM to 12:00 PM

1) Which of the following essential elements of an obligation refers to the object that must be rendered by the
proper party?

a. Obligor
b. Obligee
c. Prestation
d. Vinculum

2) In which of the following obligations will delay not exist?

a. Positive obligation
b. Negative obligation
c. Personal obligation
d. Real obligation

3) Which of the following obligations is enforceable in a court of law?

a. Obligation based on religious doctrine

b. Natural obligation
c. Legal obligation
d. All of the above

4) Which of the following sources of civil obligation requires consent on the part of the parties in order to be
enforceable in a court of law?

a. Quasi-contract
b. Quasi-delict
c. Law
d. None of the above

5) F and W are legally married under Philippines laws. They have a child, an aspiring CPA, who wants to
participate in iCARE CPA Review. What is the source of obligation of F and W to their child as regards the tuition
fee for the CPA Review?

a. Contract
b. Law
c. Quasi-contract
d. Quasi-delict

6) Using the same data in preceding number, what is the nature of obligation of obligation of F and W to their
child as regards that tuition fee?

a. Pro rata
b. Joint
c. Solidary
d. Subsidiary

7) Lina rode a public utility vehicle driven and operated by Riki. The fare for ordinary passenger is P10. Lina paid
P50 to Riki but the change of P40 was given by the latter to Luna. What is the source of obligation of Lina to Riki
as regards the fare of P10?

a. Contract
b. Culpa acquiliana
c. Solutio indebiti
d. Negotiorum gestio

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8) Using the same data in preceding number, what is the source of obligation of Luna to Riki as to the change of
P40?

a. Contract
b. Culpa acquiliana
c. Solutio indebiti
d. Negotiorum gestio

9) While driving his private car, King accidentally bumped Void who passed out as a result of the impact. Dr. IO
saw that accident and immediately provided first aid to Void. What is the source of civil obligation for damages
of King to Void?

a. Quasi-contract or Law
b. Contract or Law
c. Quasi-delict or crime
d. Quasi-contract or contract

10) Using the same data from preceding number, what is the source of obligation of Void to Dr. IO for the latter’s
professional fee?

a. Contract
b. Culpa acquiliana
c. Solutio indebiti
d. Negotiorum gestio

11) While crossing a pedestrian lane, Ms. Mirana was accidentally bumped by a bus operated by JAC Liner
Incorporated and driven by its employee, Mr. Oracle. Mr. Pangolier, a passenger of the bus, was also injured
because of the sudden stoppage of the bus. What degree of diligence shall be proved by JAC Liner Incorporated
to exempt itself from civil liability to Mr. Pangolier?

a. At least ordinary diligence

b. At least diligence of a father of good family
c. At least extraordinary diligence
d. At least absolute diligence

12) Using the same data in preceding number, what degree of diligence shall be proved by JAC Liner
Incorporated to exempt itself from civil liability to Mr. Oracle?

a. No diligence at all
b. At least diligence of good father of a family
c. At least extraordinary diligence
d. At least absolute diligence

13) One day, Mr. Spectre was cutting the branches of his old tree. After swinging his jungle bolo, the blade went
off the handle and accidentally struck Mr. Ogre. What quantum of evidence is necessary to convict Mr. Spectre
of reckless imprudence resulting to physical injury?

a. Substantial evidence
b. Preponderance of evidence
c. Clear and convincing evidence
d. Proof beyond reasonable doubt

14) Using the same data from preceding number, what quantum of evidence is necessary to claim civil damages
based on crime or quasi-delict?

a. Substantial evidence
b. Preponderance of evidence
c. Clear and convincing evidence
d. Proof beyond reasonable doubt

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15) Mr. Spirit has two outstanding and matured obligations to Mr. Abaddon. The first obligation involves delivery
of P50,000 cash. The second obligation involves delivery of a Honda Civic Car with plate number ABC-123.
Before the delivery of the abovementioned things to Mr. Abaddon, the house of Mr. Spirit was robbed and those
things were stolen by armed men. Which obligations of Mr. Spirit is/are extinguished?

a. Obligation to deliver the cash

b. Obligation to deliver the car
c. Both a and b
d. Neither a nor b

16) Which of the following is not an incidental obligation of the debtor in an obligation to deliver a determinate
thing?

a. Obligation to observe due diligence in the preservation of the determinate thing before
its delivery to the creditor
b. Obligation to deliver the accessions and accessories of the determinate thing to the
creditor as agreed by the parties
c. Obligation to deliver the fruits of the determinate thing to the creditor regardless of the
occurrence of those fruits
d. None of the above

17) Which of the following is considered a civil fruit?

a. Young of animal
b. Palay
c. Dividend
d. Grass

18) They include everything which is produced by a thing, or which is incorporated or attached thereto, either
naturally or artificially.

a. Alluvium
b. Accessions
c. Accessories
d. Avulsion

19) On July 1, 2020, D obliged himself to deliver a specific cat named “Cathy” if C will pass the 2020 Philippine
Bar Exam. On September 30, 2020, “Cathy” gave birth to a kitten named “Kitty”. On November 1, 2020, C passed
the 2020 Philippine Bar Exam. On December 5, 2020, “Cathy” gave birth to another kitten named “Cutee”. On
December 20, 2020, D sold and delivered the mother cat and the two kittens to B, a purchaser in good faith and
for value. Which of the following statements is correct?

a. C has better right over Kitty against D.

b. C obtained personal right over Cathy on November 1, 2020.
c. C’s proper remedy is to file an action reindivicatoria against B.
d. C’s proper remedy is to file an action for damages against D.

20) It refers to a right that can be exercised against the whole world thereby allowing an action to recover the
ownership or possession of a specific thing regardless of the possessor of such thing.

a. Personal right
b. Real right
c. Intangible right
d. Tangible right

21) D has an outstanding obligation to deliver a specific car to C. If D refuses to deliver the said car to C despite
repeated demands, what is the legal remedy available to C?

a. File an action for specific performance plus damages against D

b. File an action to ask a third person to deliver another car at the expense of D
c. File an action for annulment of obligation
d. File an action for reformation of instrument

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22) D has an outstanding obligation to deliver a sack of dinurado rice to C. If D refused to deliver the said car to
C despite repeated demands, what is the legal remedy available to C?

a. File an action to ask a third person to deliver a sack of dinurado rice at the expense of D
b. File an action for annulment of obligation
c. File an action for reformation of instrument
d. File an action for declaration of obligation

23) D has an obligation to clean the house of C. If D refused to clean the house of C despite repeated demands,
what is the legal remedy available to C?

a. File an action for specific performance plus damages

b. File an action for annulment of obligation
c. File an action to ask another person to clean the house or allow D to clean the house at
the expense of D
d. File an action for declaration of nullity of obligation

24) Yna is an avid fan of EXO K-Pop Group. For her birthday, Yna engaged the services of EXO K-Pop to perform
her favourite K-Pop Song. Unfortunately, EXO K-Pop was not available on the scheduled date. Despite repeated
demands from Yna, the said group was unwilling to perform the agreed services. What legal remedy is available
to Yna?

a. File an action for specific performance plus damages

b. File an action for annulment of obligation
c. File an action to ask BTS K-Pop Group to render the said services at the expense of EXO
K-Pop Group
d. File an action for indemnification for damages

25) Atty. Lan is the corporate secretary of ABC Incorporated. Mr. S is an ABC Incorporated’s common stockholder
who requested from Atty. Lan a copy of the last year’s annual report. Despite repeated demands from Mr. S, the
corporate secretary unjustifiably refused to furnish Mr. S of the requested information. What legal remedy is
available to Mr. S?

a. File a special civil action of quo warranto proceedings against ABC Incorporated
b. File a special civil action of mandamus against Atty. Lan, the corporate secretary of ABC Incorporated
c. File an ordinary civil action of specific performance against ABC Incorporated
d. File an ordinary civil action of exact fulfilment against Atty. Lan

26) Which of the following terms refers to Delay or Default?

a. Dolo
b. Culpa
c. Mora
d. Delicto

27) In which of the following cases is demand still necessary in order for Debtor’s delay to exist?

a. When the debtor has rendered it beyond his power to perform the prestation
b. When from the nature and the circumstances of the obligation it appears that the designation of the time when
the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the
contract
c. When demand would be useless
d. When the obligation to pay a sum of money is established in a public instrument

28) A and B entered into a contract of barter of cellphone and laptop to be exchanged on June 30, 2021. On July
31, 2021, A is already ready to exchange his cellphone for B’s laptop and went to B’s house but the latter does
not have the agreed laptop. On August 31,2021, A sent a written demand letter to B. On September 30, 2021, A
filed an action for damages against B. When does B incur delay resulting to accrual of legal interest?
a. June 30, 2021
b. July 31, 2021
c. August 31, 2021
d. September 30, 2021

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29) It refers to the delay on the part of the debtor.

a. Mora solvendi
b. Mora accipiendi
c. Compensatio morae
d. Mora panendi

30) What is the remedy available to the injured party in case of mora accipiendi?

a. Application of payment
b. Cession
c. Consignation
d. Dacion en pago

31) What is the legal interest rate for the year ended December 31, 2013?

a. 6%
b. 9%
c. 12%
d. 3%

32) It refers to the deliberate and intentional evasion of the normal fulfilment of obligation.

a. Mora
b. Dolo
c. Culpa
d. Contravention of tenor

33) It refers to illicit act which impairs the strict and faithful fulfilment of the obligation or every kind of defective
performance.

a. Mora
b. Dolo
c. Culpa
d. Contravention of tenor

34) It refers to negligence in the performance of contractual obligation.

a. Culpa contractual
b. Culpa acquiliana
c. Culpa criminal
d. Culpa nominal

35) Which of the following mutually exclusive damages are predetermined by the contracting parties?

a. Liquidated damages
b. Actual damages
c. Temperate damages
d. Nominal damages

36) They refer to damages adjudicated in order that a right of the plaintiff, which has been violated or invaded by
the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss
suffered by him.

a. Liquidated damages
b. Actual damages
c. Temperate damages
d. Nominal damages

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37) Which of the following damages is the highest?

a. Actual damages
b. Temperate damages
c. Nominal damages
d. Cannot be determined without relevant facts

38) They refer to additional damages to any of the mutually exclusive damages imposed, by way of example or
correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.

a. Actual damages
b. Exemplary damages
c. Moral damages
d. Temperate damages

39) Which of the following waiver of action is considered valid?

a. Waiver of a civil action for past fraud

b. Waiver of a civil action for future fraud
c. Waiver of a civil action for future gross negligence
d. None of the above

40) What degree of diligence shall be observed by bank as regards to their contractual obligations for bank
deposit?

a. Extraordinary diligence
b. Ordinary diligence
c. Diligence of a father of good family
d. No diligence at all

41) What is the status of "undertakings" that ordinarily appear in prepared forms imposed by hotel keepers on
guests for their signature negating or waiving their liability to safeguard the security and safety of their guests
and belongings?

a. Valid if in writing
b. Void as contrary to public policy
c. Unenforceable if entered orally
d. Voidable as consent is vitiated by undue influence

42) Which of the following stipulated diligence in common carrier is valid?

a. Diligence lower than extraordinary diligence for transportation of passengers by common carriers
b. Diligence lower than ordinary diligence for transportation of goods by common carriers
c. Both a and b
d. Neither a nor b

43) In the absence of applicable legal diligence or validly agreed contractual diligence, what is the default
diligence to be observed by the debtor in the performance of his obligation?

a. Extraordinary diligence
b. Utmost diligence of very cautious person
c. Diligence of a good father of a family
d. No diligence at all

44) On January 1, 2021, D borrowed P100,000 from C payable in ten equal annual instalments of P10,000 every
December 31 and with 10% interest based on the outstanding balance. On December 31, 2021, D paid P20,000
to C who issued an official receipt for the December 31,2022 and December 31, 2023 principal instalments.
Which of the following statements is incorrect?
a. C may still collect from D the December 31, 2021 principal instalment of P10,000.
b. C can never collect the from D December 31, 2021 interest of P10,000.
c. Both a and b
d. Neither a nor b

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45) In order to recover claim against the judgment debtor, which of the following properties may be garnished by
the unpaid creditor?

a. Land
b. Car
c. Philippine peso bank deposit
d. Foreign currency bank deposit

46) It refers to the right of unpaid creditor to exercise all rights and actions of the judgment debtor to recover his
claim, except those rights which are inherently personal to the latter.

a. Accion subrogatoria
b. Accion pauliana
c. Accion directa
d. Accion capcatoria

47) It refers to the right of unpaid creditor to to ask for the rescission or cancellation of the contracts made by the
debtor in fraud of former’s rights.

a. Accion subrogatoria
b. Accion pauliana
c. Accion directa
d. Accion capcatoria

48) Which of the following rights are transmissible?

a. Membership in a fraternity
b. Being a partner in a law firm
c. Shares of stock of a stockholder
d. License of a professional

49) Which of the following obligations is immediately demandable?

a. Obligation ex die
b. Obligation in diem
c. Obligation with a suspensive condition
d. Obligation payable as soon as possible

50) Which of the following obligations is not immediately demandable?

a. Pure obligation
b. Obligation when debtor’s means permit him to do so
c. Obligation with a resolutory period
d. Obligation with a resolutory condition

51) It is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give
something or to render some service.

a. Quasi-contract
b. Crime
c. Quasi-delict
d. Contract

52) Which primarily distinguishes a contract from quasi-contract and quasi-delict?

a. Presence of prestation
b. Presence of vinculum
c. Presence of consent
d. None of the above

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53) Which of the following principles regarding obligations arising from contract is incorrect?

a. Obligations arising from contracts have the force of law between contracting parties.
b. Obligations arising from contracts should be complied with in good faith.
c. Both a and b
d. Neither a nor b

54) It is the stage of contract when the parties come to agree on the terms of the contract.

a. Conception stage
b. Perfection stage
c. Consummation stage
d. None of the above

55) In which stage of contract is consent between the parties not yet present?

a. Conception stage
b. Perfection stage
c. Consummation stage
d. None of the above

56) D borrowed P100,000 cash from C and signed a one-year interest bearing promissory note with 24% interest
per annum. At the maturity date of the note, C refused to pay the P24,000 interest and invoked that the legal
interest is only 6% per annum. What principle of contract requires D to pay the agreed rate of 24% interest per
annum?

a. Obligatory force of contract

b. Mutuality of contract
c. Relativity of contract
d. Autonomy of contract

57) R enrolled in a Review Center for a face to face review. Due to the pandemic, the face to face review agreed
by the contracting parties becomes legally impossible. R demanded for the refund of his tuition fees on the
ground of fortuitous event. However, instead of refunding the whole tuition fees, the Review Center insisted on
returning only the 50% of the fees and asked R to attend the online review class. However, R disagreed with the
proposal. Despite R’s objection, the Review Center proceeded with the online review class and returned only
50% of the fees to R. What principle of contract is violated by this action of the Review Center?

a. Obligatory force of contract

b. Mutuality of contract
c. Relativity of contract
d. Autonomy of contract

58) E is an employee of a big auditing firm. E was granted a signing bonus amounting to P1,000,000 by the
auditing firm for topping the CPALE. The contract of employment provides that E must stay in the firm for a period
of at least one year. In case he failed to stay for at least one year in the firm, he must return the said signing
bonus to the firm. E voluntarily agreed to such stipulation. What principle of contract allows E and his employer
to enter to make such provision in the contract of employment?

a. Obligatory force of contract

b. Mutuality of contract
c. Relativity of contract
d. Autonomy of contract

59) Except in case of property regime regarding marriage settlement, what shall govern the relationships, rights
and obligations of husband and wife who validly entered into a contract of marriage?

a. Provisions of pre-nuptial agreement

b. Provisions of Family Code of the Philippines
c. Customs in the Philippines
d. Provisions of Bible

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60) Which of the following stipulations agreed by the contracting parties is valid?

a. A stipulation allowing the common carrier to exercise a diligence lower than the diligence of good father of a
family for the transportation of goods
b. A stipulation allowing the common carrier to exercise a diligence lower than extraordinary diligence for the
transportation of passengers
c. A stipulation exempting hotel-keepers from liability in case of loss of things brought inside the hotel by the
guests
d. A stipulation prohibiting an audit manager of auditing firm from transferring to a major competitor in the NCR
for a maximum period of 3 years

61) A ordered a Chicken Joy from a famous fast-food chain. Due to negligence, the fast-food chain delivered a
friend towel instead of fried chicken. B, the boyfriend of A, demanded payment for damages from the fast-food
chain but the latter refused. This prompted B to file a civil action for breach of contract against the fast-food
chain. What principle of contract is violated when B filed the action against the fast-food chain?

a. Obligatory force of contract

b. Mutuality of contract
c. Relativity of contract
d. Autonomy of contract

62) D is a student of a university. D lives in a dormitory near the university. Due to the adverse effects of the
pandemic, the university stopped its operations. The said dormitory is affected as D didn’t renew the lease
agreement. This prompted the owner of dormitory to file a case against the university. Will the action prosper?

a. Yes based on stipulation pour autrui

b. No because it is in violation of the principle relativity of contract
c. Yes based on principle of abuse of rights
d. No because the university does not have juridical personality when it stops its operation

63) Which of the following contracts may be assailed by a third person?

a. Voidable contract
b. Rescissible contract
c. Both a and b
d. Neither a nor b

64) Which of the following contracts is not allowed to be assailed by a third person?

a. Unenforceable contract
b. Void contract
c. Both a and b
d. Neither a nor b

65) H and W are legally married since 2001. On 2021, H and K secretly entered into a bigamous marriage. On
year 2022, H died. W filed an action for declaration of nullity of the bigamous marriage between H and K. Will
the action prosper?

a. Yes based on stipulation pour autrui

b. No because it is in violation of the principle relativity of contract
c. Yes in order to determine the true heir
d. No because W is not a party to the second contract of marriage

66) Loydie has an exclusive contract with ABZ-ZBN. While his contract with the said network is still in effect,
AMG convinced Loydie to have a movie project with them. After the release of the movie, ABZ-ZBN filed an
action for damages against AMG. Will the action prosper?

a. Yes based on stipulation pour autrui

b. No because it is in violation of the principle relativity of contract
c. Yes because AMG induced Loydie to violate his contract with ABZ-ZBN
d. No because there is no privy of interest between AMG and ABZ-ZBN

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67) D has a matured obligation amounting to P100,000 to C. Despite repeated demands from C, D refused to
pay the obligation. This prompted C to file a civil action to collect a sum of money before the trial court which
ruled in favor of C. C filed a motion for issuance of writ of attachment to execute the judgment debt against D.
When D obtained knowledge of the issuance of writ of attachment, he immediately sold his only land to G, his
girlfriend, who has knowledge of the pending action. This prompted D to file an action for the cancellation of the
sale of land of D to G. Will the action prosper?

a. Yes based on stipulation pour autrui

b. No because it is in violation of the principle relativity of contract
c. Yes because the contract of sale is intended to defraud C
d. No because C is not a party to the contract of sale

68) D borrowed P1,000,000 cash from C. M mortgaged his land to secure the loan of D. The deed of mortgage
is registered in the Registry of Deeds and annotated to the title of the said land. Afterwards, M absolutely sold
the said land to B, who immediately possessed the land. D defaulted in the payment of his loan to C. This
prompted C to foreclose the mortgage on the land. May C foreclose the land already possessed and owned by
B?

a. Yes based on stipulation pour autrui

b. No because it is in violation of the principle relativity of contract
c. Yes because the mortgage is registered
d. No because C is not a party to the contract of sale of land

69) Which of the following types of elements of contract is necessary for validity of contract?

a. Essential elements
b. Natural elements
c. Accidental elements
d. None of the above

70) Which of the following is a natural element in a contract of sale?

a. Determinate thing
b. Price certain in money or its equivalent
c. Warranty against eviction
d. Meeting of minds of buyer and seller

71) Which of the following is an accidental element in a contract of loan?

a. Cash or consumable thing

b. Delivery of cash or consumable thing
c. Meeting of minds of lender and borrower
d. Agreement to pay interest

72) Which of the following is not an essential element of a consensual contract?

a. Consent of the contracting parties

b. Object certain which is the subject matter of the contract
c. Cause of the obligation which is established
d. Delivery of subject matter of contract

73) Which of the following is not an essential element of a real contract?

a. Consent of the contracting parties

b. Object certain which is the subject matter of the contract
c. Cause of the obligation which is established
d. Delivery of subject matter of contract
e. Execution of solemnity required by law

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74) Which of the following is not an essential element of a real contract?

a. Consent of the contracting parties

b. Object certain which is the subject matter of the contract
c. Cause of the obligation which is established
d. Delivery of subject matter of contract
e. Execution of solemnity required by law

75) Which of the following contracts is perfected by the execution of the formality required by law for its validity?

a. Consensual contract
b. Solemn contract
c. Real contract
d. None of the above

76) Which of the following contracts is perfected by the delivery of the subject matter of contract?

a. Contract of loan
b. Contract of sale
c. Contract of partnership
d. Contract of common carrier

77) Which of the following contracts is perfected by mere consent?

a. Contract of deposit
b. Contract of antichresis
c. Contract of subscription of shares of stocks
d. Contract of marriage

78) Which of the following contracts must be in a public instrument in order to be valid and enforceable?

a. Contract of sale of personal property at a price of P500 or more

b. Contract of lease of real property for a period longer than one year
c. Contract of donation of immovable property
d. Contract of guaranty

79) L lend and delivered P100,000 cash to B as consideration for the oral contract of loan. They orally agreed
that B will pay 24% interest per annum. After one month, L filed an action against to B to compel B sign the deed
of loan with principal of P100,000 with 24% interest per annum. In which agreement may L legally compel B to
sign?

a. Contract of loan of P100,000

b. Agreement to pay 24% interest per annum
c. Both a and b
d. Neither a nor b

80) S orally sold a specific car to B at a price of P100,000. B paid earnest money amounting to P10,000 at the
date of oral agreement. G orally guaranteed the balance of P90,000 in favor of S who accepted the said
undertaking. Which agreement may be legally compel by a court action to execute the deed?

a. Contract of sale
b. Contract of guaranty
c. Both a and b
d. Neither a nor b

81) In which of the following contracts is the service compensated the cause of the agreement?

a. Onerous contract
b. Gratuitous contract
c. Remuneratory contract
d. None of the above

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82) Which of the following contracts is essentially gratuitous?

a. Contract of commodatum
b. Contract of loan
c. Contract of agency
d. None of the above

83) Which of the following contracts can stand by itself?

a. Contract of sale
b. Contract of pledge
c. Contract of guaranty
d. Contract of mortgage

84) Which of the following contracts is a preparatory contract?

a. Contract of sale
b. Contract of partnership
c. Contract of common carrier
d. Contract of loan

85) Which of the following contracts means “I do that you may give”?

a. Do ut des
b. Do ut facias
c. Facio ut des
d. Facio ut facias

86) What shall primarily govern an innominate contract?

a. The stipulation of the parties

b. The provisions of Obligations and Contracts
c. The rules governing the most analogous contracts
d. The customs of the place

87) Which of the following is a commutative contract?

a. Contract of donation
b. Contract of commodatum
c. Contract of lease
d. All of the above

88) It is a contract whose fulfilment depends upon chance.

a. Contract of adhesion
b. Aleatory contract
c. Unilateral contract
d. Reciprocal contract

89) It is also known as “fine print contract” or “take it or leave it contract.

a. Contract of adhesion
b. Onerous contract
c. Bilateral contract
d. Executory contract

90) Which of the following contracts is within the ambit of the concept of statute of fraud?

a. Executory contract
b. Executed contract
c. Both a and b
d. Neither a nor b

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91) What is the extent of the binding effect of a contract?

a. The parties are bound only up to the fulfilment of what has been expressly stipulated in the contract.
b. The parties are bound only by the consequences of contract.
c. The parties are bound not only to the fulfilment of what has been expressly stipulated in the contract but also
to all the consequences which, according to their nature, may be in keeping with good faith, usage and law.
d. None of the above

92) How shall the court determine the nature of contract entered by the contracting parties?

a. By the principles of law

b. By the stipulation of parties
c. By the customs of the place
d. By religious doctrine

93) It refers to the meeting of minds between the contracting parties as regards the object and cause of contract.

a. Consent
b. Prestation
c. Consideration
d. Formality

94) What theory is followed by the New Civil Code of the Philippines to determine the exact moment of perfection
of contract entered through telegram?

a. Reception theory
b. Manifestation theory
c. Cognitive theory
d. Expedition theory

95) What is the disputable place of perfection entered through telegram?

a. In the place where the offer was accepted

b. In the place where the offer was made
c. Domicile of offerer
d. Domicile of acceptor

96) Which of the following statements about consent is incorrect?

a. A qualified acceptance constitutes a counter-offer.

b. The person making the offer may fix the time, place and manner of acceptance, all of which must be complied
with.
c. An offer made through an agent is accepted from the time acceptance is communicated to the agent not
necessarily to the principal.
d. An acceptance must be expressed but never implied.

97) To whom shall civil interdiction, insanity, death or insolvency occur before the acceptance in
order for the offer to become ineffective?

a. Offeror
b. Acceptor
c. Either a or b
d. Both a and b

98) Which of the following statements about acceptance is incorrect?

a. An option contract unsupported by consideration or option premium is valid and binding and may not be
withdrawn.
b. Business advertisements are mere invitations to make an offer.
c. Advertisements for bidders are simply invitations to make proposals.
d. None of the above.

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99) Who among the following is capacitated to give consent to a contract?

a. Demented person
b. Minor
c. Insane person
d. Person with lucid interval

100) S, an adult, sold in writing his specific motorcycle to B, a minor, at a price of P10,000. What is the status of
the contract of sale?

a. Rescissible
b. Voidable
c. Unenforceable
d. Void

- END OF EXAMINATION -

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