University of Southern Philippines Foundation

College of Accountancy
OBLIGATIOS ! COT"ACTS
#uly $%& '($)
I. Defne or diferentiate the following. Answer briefy and concisely.
1. Obligation
2. Active subject vs assive subject
!. "uasi#delict
$. %olutio indebiti
&. 'eneric thing vs Deter(inate thing
). restation
*. +eal obligation vs ersonal obligation
,. -atural law
.. Actual delivery vs /onstructive delivery
10.Debtor
II. 1ulti2le choice
1. 3he following are ele(ents of an obligation e4ce2t5
a6 7uridical89egal 3ie
b6 Active subject
c6 assive subject
d6 /onsideration
2. It is a conduct that (ay consist of giving: doing: or not doing so(ething.
a6 Obligation
b6 7uridical necessity
c6 restation
d6 /ontract
!. It is a juridical relation arising fro( lawful: voluntary and unilateral: acts
based on the 2rinci2le that no one should unjustly enrich hi(self at the
e42ense of another.
a6 "uasi#contract
b6 "uasi#delict
c6 /ontract
d6 Delict
$. 3he following describes a ;uasi#delict e4ce2t5
a6 Act or o(ission
b6 <ault8negligence
c6 Da(age8injury
d6 re#e4isting contract
&. A debtor is liable for da(ages in case of delay if he is guilty of any of the
following: e4ce2t5
a6 Default =(ora6
b6 1ista>e
c6 -egligence =cul2a6
d6 ?reach for not obeying
). 3he creditor has the right to the fruits of the thing fro( the ti(e5
a6 3he thing is delivered
b6 3he obligation to deliver the thing arises
c6 3he contract is 2erfected
d6 3he fruits are delivered
*. An obligation which is based on e;uity and natural law is >nown as5
a6 ure
b6 "uasi#contract
c6 /ivil
d6 -atural
,. A buyer ordered &:000 a22les fro( the seller at 20 2er a22le. 3he seller
delivered ):000 a22les. @hat are the rights and obligations of the buyerA
a6 Be can acce2t all ):000 a22les and 2ay the seller at 20 2er a22le.
b6 Be can acce2t all ):000 a22les and 2ay a lesser 2rice for the 1:000
e4cess a22les.
c6 Be can >ee2 the ):000 a22les without 2aying for the 1:000 e4cess
since the seller delivered the( anyway.
d6 Be can cancel the whole transaction since the seller violated the ter(s
of their agree(ent.
III. ?O-C%
A debt was 2ayable in install(ent. It was also agreed that if any install(ent
was not 2aid on ti(e: the whole debt would (ature =install(ent cancelledD debtor
need to 2ay entire a(ount at once6. 3he debtor did not 2ay one install(ent on ti(e.
After so(e ti(e: because the debtor did not 2ay the whole debt: the creditor
brought an action to court.
". <ro( what ti(e was the debtor in default: fro( the ti(e the install(ent was not
2aid at the sti2ulated date: or fro( the ti(e the action was fledA =for 2ur2oses of
co(2uting interest6 E42lain your answer.