CONTRACTS
CONTRACTS
CONTRACTS
1) A contract where both parties are required to do or Statement No. 2: Contracts take effect only between
give something is known as a: the parties, their assigns and heirs, except in case
where the rights and obligations arising from the
a. bilateral contract contract are not transmissible by their nature, or by
b. unilateral contract stipulation or by provision of law. The heir is not
c. gratuitous contract liable beyond the value of the property he received
d. commutative contract from the decedent.
a. a pledge
b. commodatum
c. deposit ) Three of the following are rescissible, which is not?
d. sale
a. Sale of property under litigation made by
0) On July 20, 2019, Arietta wrote Bascon letter offering defendant without the knowledge of the plaintiff
a contract of sale. On August 26, Bascon wrote a and authority of the court.
letter of compete acceptance of the contract which b. Those made to defraud creditors when the
was received by Arietta on August 31, 2019. But on creditors has no other means to recover his
August 30, 2019, Arietta had already written Bascon claim.
a letter withdrawing the offer which was received by c. Those agreed upon in representation of
Bascon on September 1, 2019. Is there a perfected absentees, if the absentee suffers lesion by
contract between Arietta and Bascon? more
than 4 of the value of the property subject of the
1st Answer. There is a perfected contract between contract.
Arietta and Bascon because the acceptance was d. None of the above
made before the withdrawal.
) The contracting parties may establish such
2nd Answer: There is a perfected contract because stipulations, clauses, terms and conditions as they
Arietta came to know of the acceptance before may deem convenient, provided they are not
Bascon came to know of the withdrawal. contrary to law morals, good customs, public order,
or public policy
a. Both answers are correct.
b. 1st Answer is correct, 2nd is wrong a. Liberty to contract
c. Both answers are wrong. b. Mutuality of contract
d. 1st Answer is wrong., 2nd is correct. c. Relativity
d. Consensuality
) On July 1, Pinagtagpo Company offered in writing to
sell to Di Tinadhana Comparny their vehicle for ) Statement No. 1: Mutual promise to marry if orally
P300,000. Di Tinadhana Company accepted the entered into is unenforceable
offer and mailed the letter of acceptance on July 10
which was received by Pinagtagpo Company on July Statement No. 2: Violence or intimidation shall not
20. However, on July 15, Di Tinedhana Company annul the obligation, if it was employed by a third
had already mailed a letter revoking his acceptance. person who did not take part in the contract.
Is there a perfected contract?
a. Both are true
a. Yes, despite the revocation made by Di b. Both are false
Tinadhana Company. c. No. 1 is true, No. 2 is false
d. No. 1 is false; No. 2 is true
b. None if the acceptance was received by
Pinagtagpo Company ahead of the letters of ) Mr Santos signed a letter addressed and delivered
revocation to Mr. Aguas. The terms of the letter are:
c. Yes, even if the letter of revocation was received 1. An offer to sell a 500 sq m. lot for P300.000
ahead of the acceptance.
Contracts
2. An option time up to October 31, 2020 for Mr. a. S can ratify the contract
Aguas to raise the P300,000. b. S can ratify the sale with the conformity of B
3. Upon payment of the P300,000, Mr. Santos will c. B has the right to ask for annulment
execute and sign a Deed of Sale. d. B has only four years to ask for annulment
On October 31, 2020, Mr. Santos sent a letter to Mr. ) In order that a stipulation in favor of a third person in
Aguas asking for a new price of P350,000 far the a contract would be void and binding upon the
500 sq. m. lot. parties thereto, three of the requisites are mentioned
in the following enumerations. Which of them is not a
Can Mr. Aguas compel Mr. Santos to accept the requisite?
P300,000 and make him sign and execute a Deed of
Sale? a) There must be a stipulation in favor of a third
person.
a. No, Mr. Aguas did not accept the offer of Mt. b) The contracting parties must have clearly and
Santos deliberately conferred a favor upon that third
b. Yes, Mr. Santos is already estopped by his person
signed letter and offer. c) The third person communicated his acceptance
c. Yes, there was actual meeting of the minds. to the obligor before its revocation.
d. Yes. The contract has been perfected d) That there must be an existing agency between
either of the contracting parties and the third
person
) The cotract must bind both contracting parties, its
validity or compliance cannot be left to the will of one ) D owes C PS00. However, C's right has already
of them. This is known as the principle of prescribed. Notwithstanding the knowledge of this
fact D paid the amount. Realizing this mistake, D
a. mutuality of contract wants to recover the amount he paid.
b. relativity of contract
c. consensuality of contract a. D can be made to recover on ground of mistake
d. freedom to contract b. D can be made to recover on the ground that his
obligation is not legally enforceable.
0) Aurora wrote a letter to Bataan wherein she offered c. D can be made to recover because this will
to sell a piece of land. In Aurora's letter, she gives enrich Cat the expense of D.
Bataan a period of two months within which to pay d. D cannot recover
the price of P500.000. After 50 days, Aurora told
Bataan that he is increasing the price of the land to ) A meeting of minds between two persons whereby
P700,000. Can Bataan compel Aurora to accept the one binds himself with respect to the other to give
P500,000 first offered by Aurora and execute the something or to render some service is known as:
deed of the sale?
a. obligation
a. No, for Bataan did not signify his acceptance of b. consent
the offer. c. contract
b. Yes, because the period of 2 months has not yet d. stipulation
expired.
c. Yes, because Aurora is already estopped by her ) Cartridge Co. published an ad in the Manila Bulletin
signed letter which reads as follows: "INVITATION TO BID
d. Yes, because there was actual meeting of minds Construction of a 3-storey building in Anda St,
of the parties. Davao City The ad includes the specifications of the
building to be constructed. The following companies
) France offered to sell her cellular phone for P10,000 submitted their bids:
to her friend, Serra. Serra accepted the offer but
willing to pay only P8,000. Is there a perfected Cris Construction Co- P10,200,000
contract? Norse Co-P10,400,000
Frank Builders- P10,500,000
a. Yes, for a price of P10,000
b. Yes, for a price of P8,000. ) Cartridge Co. considered also the financial
c. No, because the acceptance was qualified and it capability, reputation and experience of the bidders,
constituted a counter-offer the kind and quality of materials to be used and
d. No, because the offer was rejected. other factors
0) X Company bought out a competitor, Y, with a ) One of the following is a natural element of a sales
stipulation that Y should thereafter not engage in any contract.
business in the Philippines without the consent of X
Company. a. Terms of payment
b. Rate of interest
a. The stipulation is not valid because the parties c. Place of delivery
as a rule have no absolute freedom to stipulate d. Warranty against eviction
terms and conditions in a contract
b. The stipulation is not valid because this is ) On June 1, 2010. S offered to sell his only car to B
against public policy for P100,00.00. B accepted the offer by mailing his
c. The stipulation is valid, only it will create a letter of acceptance on June 10, 1010. On June 12,
monopoly in trade. 2010, B revoked his previous acceptance and
d. The stipulation is valid. It can be ratified. mailed his letter of revocation on the same dete. S
received the letter of acceptance on June 14, 2010
) D is indebted to C in the sum of P10,000. For the and the letter of revocation on June 15, 2010.
purpose of avoiding the claims of C, D donated all
his properties worth the same amount to X. a. The contract was perfected on June 14, 2010
when S received B's letter of acceptance
a. The contract is absolutely stimulated. b. The contract was not perfected because at the
b. The contract is rescissible. time the acceptance was received, the parties
c. The contract is merely voidable were no longer at one mind.
d. The contract is void. c. The contract was perfected on June 2010 when
B sent his letter of acceptance
) Which of the following statement is false? (1 point) d. The perfection of the contract retroacts to June
1, 2010 when the offer was made
a. Remission is essentially gratuitous
Contracts
) A contract entered into the name of another by one
who has no authority or legal representation, or who ) Which of the following is qualified to give consent to
has acted beyond his power a contract?
) In the Classified Ads section of a national daily a. birth, conception and consummation
newspaper, an advertisement appears as follows: b. conception, consummation and birth
"Car for sale, Honda FD (Dctagon, 2010 Acquired), c. conception, birth and consummation
call or text 09179128310 ar see Vic, 25 Abella St. d. consummation, conception and birth
Nega City Alberto proceeded to the address
indicated in the newspaper to see Vic. ) Dante borrowed P100,000 from Conti payable in 2
years. The contract stipulates that Dante will pay 1%
a. Vic cannot refuse to sell the car even if he monthly interest equivalent to P1,000 per month,
decides not to sell the car anymore directly to Tsiko, Conti's brother, on the 25th of each
b. Alberto is now compelled to buy the car from Vic month for Tsiko's support. Tsiko signed his
c. Vic may refuse to sell his car even if the price acceptance before it could be revoked.
offered is fair and equitable
d. Vic may refuse to sell his car to prospective a. Tsiko has no right to receive the monthly
buyers except Alberto. payment on the interest not being a party to the
contract.
) Statement No. 1: The legal life of a contract begins b. Tsiko is not entitled to the monthly interest
from its perfection stage. While the death of the unless the money loaned is his
contract is the performance or fulfilment of the c. Tsiko is entitled to the monthly interest because
obligation. the amount involved per month is very minimal
d. Tsiko is entitled to the monthly interest even if he
Statement No. 2: Misrepresentation made in good is not a party to the contract because this is a
faith is not fraudulent but may constitute error and clear case of stipulation pour autri.
renders the contract voidable.
) Before acceptance is conveyed, an after becomes
a. Both are true ineffective upon the:
b. Both are false
c. No. 1 is true; No. 2 is false a. Death
d. No. 1 is false, No. 2 is true b. Civil interdiction
c. Insanity
) The fulfilment of the contract is dependent upon d. Insolvency of either party
chance e. All of the above
a. Oral contract of partnership the capital is P3,000 ) Which of the following contract is not rescissible?
or more Those which are entered into by guardians
b. Contracts in writing contemplating impossible whenever the wards whom they represent suffer a
services. lesion of more than 4 of the value of the object of the
c. Authority of the agent orally made in sale of contract
immovable property.
d. Oral contract of partnership whenever a. Those executed in representation of an
immovable property is contributed. absentee, if the latter suffer a lesion of more
than of the value of the abject of the contract
) The stipulation in a contract to the effect that the b. Those where one of the parties is incapable of
debtor should remain as a servant in the house and giving consent to a contract.
in the service of her creditor so long as she had not c. Those undertaken in fraud of creditors when the
paid her debt is void because it is: latter cannot in any other manner collect the
claims due them.
a. Contrary to good custom d. Those which refer to things under litigation if
b. Contrary to public policy they have been entered into by the defendant
c. Contrary to law and mortality without the knowledge and approval of the
d. None of the above litigants or of competent judicial authority.
) The elements of a contract without which a contract
) X, after death of his father, sold his inheritance would not exist are known as:
thought its amount has not yet been determined to
B, for a consideration of P50,000. a. accidental elements
b. natural elements.
a. The contract is valid only if the inheritance c. special elements
values at least equal or more than PS0,000. d. essential elements.
b. The contract is rescissible.
c. The contract is valid even though nothing ) In which of the following instances is Cabanes'
remains of the inheritance to be turned over to action be tenable even if he is not a party?
B.
d. Contract is void, future inheritance cannot be the a. Cabanes shipped his cargo in Belmonte's
object of sale. vessel. Belmonte and Albar Company entered
into a contract for Albar Comparny to unioad the
) B was appointed guardian of S sold his parcel of cargo from the ship's hold. In the lifting
land in writing to B valued at P100.000 for P75,000, operations, Cabanes' cargo was damaged.
suffering lesion by 40% of the value. What is the Cabanes sued Albar Comparny for damages.
status of the contract? b. Cervas sued Arcilla for the payment of certain
materials obtained from it by contractor Bicaldo
a. Rescissible in connection with the construction of a school
b. Unenforceable building. Incidentally, Arcilla had already a
c. Enforceable pending suit against contractor Bicaldo for
d. Voidable breach of contract.
c. Soltes sold and delivered his property to Bolivar
) D borrowed P500,000.00 from C. D died without on credit. It was agreed that Bolivar should not
having paid his loan obligation to C. He left S, his sell the property to another, till after the price
son and heir, properties worth P400,000.00. had been pad full to 5 voltes. Subsequently
Bolivar
a. Sis liable to C for P500.000.00.
b. Sis liable to C for P400,000.00. 0) Which is the least defective contract?
c. Sis liable to c for P100,00.00.
d. S is not liable at all because he should not be a. Rescissible contract
made to shoulder the obligation of his father. b. Voidable contract
c. Unenforceable contract
Contracts
d. Void contract a. Both contracts are rescissible.
b. Only No. 1 is rescissible
) Perfected from the moment there is consent on the c. No. 2 is voidable because there is an error or
subject matters, and the cause or consideration mistake.
d. Both contracts are valid and enforceable.
a. Consensual contract
b. Real contract ) The statement contracts shall be obligatory in
c. Solemn contract whatever form they have been entered into provided
d. Formal contract all the requisites for their validity are present refers
to:
) Contracts which must be in the form provided by the
law for their perfection. a. Consensual contracts
b. Real contracts
a. Consensual contracts c. Formal contracts
b. Real contracts d. Solemn contracts
c. Onerous contracts
d. Solemn contracts 00) A contract in which a person literally contracts with
himself is
) Tindero sold to Mamimili the computed owned by
Mayaman without Mayaman's authority. The contract a. Commutative contract
is: b. Aleatory contract
c. Auto contract
a. Perfectly valid d. Unilateral contract
b. Voidable
c. Void 01) One of the stipulations contained in the contract
d. Unenforceable between M Company and its employees is that the
company shall pay a bonus to employees of the
) Desing owes Cena P500,000. Before the debt was company who shall continue its employment for
paid, Design died leaving his only child, Bantog atleast 2 consecutive years, unless he quits or is
discharged before the expiration of the period of 2
a. If the value of the properties left by Desing is years. X, an employee of the company was
P1,000,000, Bantog is obliged to pay the entire discharged without just one week before the
P1,000,000 to Cena. completions if the two-year period.
b. If the value of the properties left by Desing is
P500,000, he has to pay its entirety to Cena . a. X is not entitled to the bonus because his
c. If the value of the properties left by Desing is discharge was in accordance with the contract
P400,D00 only, Bantog has to pay Cena the b. X is not entitled to the bonus, because the
entire P4DO,000 and make good the deficiency employer's right to terminate is superior that the
of P100,000. right of the employee to be employed.
d. If Bantog did not inherit anything from Desing c. C.X is entitled to the bonus whether the
and Bantog is very rich in his own right, Bantog discharge is with or without cause.
can be compelled by Cena to pay the debt of his d. X is entitled to the bonus because the debtor
Father. company has voluntarily prevented the
happening of the condition.
) Which of the following instruments is not subject to
reformation?
02) X alleged that Y promised to give X one hectare of
a. Simple donations inter vivos wherein no land. This consideration of Y's meritorious services
condition is imposed to Y.Y pleads in defense that since the promise was
b. Wills not in writing, it is unenforceable under the Statute of
c. When the real agreement is void Frauds. Decide.
d. All of the above
a. The promise is unenforceable because it is not a
) Example No. 1: G, guardian of W, sold W's house writing.
valued at P50,000 for P37,500 or a lesion by one b. The Statute of Frauds is applied because A has
fourth of the value. rendered services.
c. The Statute of Frauds is inapplicable here,
Example No. 2: S sold his house valued at P50,000 because the promise to give the land is not a
for only P1,000 because S did not know the true sale of real property
value of the house. a. The Statute of Frauds can apply to partially
executed contract.
Contracts
a. Parties not bound at all
03) Which of the following is not a real contract? b. The contract is void
c. The parties conceal their true agreement
a. Deposit d. None of the above
b. Sale
c. Pledge 5) On July 26, 2019, Kyle sent a telegram to Kyla in
d. Commodatum Legazpi City, offering to sell to Kyla his house and
lot for P1,000,000 cash. On the same date, Kyla
04) It is the manifestation of the meeting of the offer and sent to Kyle a telegram offering to buy Kyle's same
the acceptance upon the thing and the cause which house and lot for P1,000,000. Is there a perfected
are to constitute the contract. contract?