OBLIGATIONS AND CONTRACTS

Long Quiz No. 1

Instruction: Give what is asked. Write your answers on a separate piece of
paper.
I. Multiple Choice Questions
1. It is the juridical relation resulting from lawful, voluntary, and unilateral
acts by virtue of which the parties become bound to each other to the end
that no one shall be unjustly enriched or benefited at the expense of another.
a.
b.
c.
d.

Agreement
Vinculum juris
Contracts
Quasi-Contracts

2. This takes place when something is received when there is no right to

demand it, and it was unduly delivered through mistake.
a.
b.
c.
d.

Solutio Indebiti
Negotiorum Gestio
Vinculum juris
Prestation

3. This happened when the creditor make a demand and the obligor fails to
deliver the thing.
a.
b.
c.
d.

Negligence
Mora solvendi
Mora accipiendi
Compensatio morae

4. Demand is not necessary to incur delay when:

a.
b.
c.
d.

Creditor refuses the performance without just cause.

The debtor is guilty of non-performance.
Time is the controlling motive
If the obligation bears interest

5. In what instance may we consider that there is no delay?

a. In civil obligations
b. In positive obligation

c. In obligation arising from crime

d. In natural obligation
6. When the thing deteriorates with the debtors fault, the creditor may
choose one of the following:
a. Mutual restitution
b. Rescission (cancellation) of the obligation with indemnity for
damages
c. Suffer the deterioration of the thing
d. Institute an action for negligence.
7. X, a victim of a vehicular accident, suffered physical injuries. He may file a
case for damages against the driver based on:
a. contract
b. quasi-delict
c. law
d. quasi-contract
e. none of the above
8. From the same facts above (no. 7), X may file a case for damages against
the employer of the driver based on:
a. contract
b. quasi-delict
c. delict
d. quasi-contract
e. none of the above
9. Obligations arising from this have the force of law between the parties and
must be complied with in good faith.
a. contract
b. quasi-delict
c. delict
d. quasi-contract
e. law
10. In cases of defamation, fraud and physical injuries, a civil action for
damages may be brought by the injured party
a. solely based on delicts
b. which is separate and distinct from the criminal action
c. after the finality of judgement in the criminal action

d. by reserving the filing of the civil action at the commencement of

the criminal action.
II. Enumeration/Distinction
1.
2.
3.
4.

Give the essential requisites of an obligation.

Distinguish between culpa contractual and culpa aquiliana.
Distinguish between dolo causante and dolo incidente.
Cite and differentiate the kinds of default or mora.

III.
1. X bound himself to deliver to Y a 21-inch LED TV, a Toyota RAV4 with plate
no. AAE 9655, and to repair Ys piano. But X did not comply with these
obligations.
May Y compel X to comply with the three obligations? Why? If not, what relief
may Y ask from the court?
2. When is demand by the creditor not necessary in order that delay may
exist?
3. Mr. A borrowed P3,000.00 from Mr. B on October 1, 2016. He executed a
promissory note to pay the indebtedness on December 1, 2016. Upon the
arrival of the designated date for payment, is demand necessary in order
that Mr. A shall incur in delay?
4. In reciprocal obligations, when does one of the party incur in delay?