OBLIGATIONS AND CONTRACTS Flashcards by Hanny Camba Jr.

A RULE OF CONDUCT, just, obligatory and laid down BY A LEGITIMATE POWER for common observance and benefit.

a. Republic Act
b. Obligation
c. Constitution
d. Law

d. Law

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Which of the following is not a source of a law?

a. Constitution
b. Legislation
c. Administrative rules and regulations
d. Judicial decisions or jurisprudence
e. Code of conduct
f. Custom and other supplementary sources

e. Code of conduct

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The law on OBLIGATIONS AND CONTRACTS which is the body of rules that deals wit the nature and sources of obligations and the rights and duties from agreements and particular contracts.

Republic Act 386, Book 4

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A kind of obligation that gives right of action to compel their performance.

Civil Obligation

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A kind of obligation that is based on equity and natural law; does not grant a right of action to enforce performance; merges with moral obligations.

Natural Obligation

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AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES

Republic Act 386

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A juridical necessity to give, to do or not to do.

Obligation

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The one who can compel compliance with the obligation.

a. Active Subject
b. Compelling party
c. Passive Subject
d. Obligatory Subject

a. Active Subject

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The one compelled to comply with or perform the obligation.

a. Active Subject
b. Compelling party
c. Passive Subject
d. Obligatory Subject

c. Passive Subject

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Something that binds the parties or connects the parties to the obligation.

Judicial or Legal Ties

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An object or undertaking of the obligation that which is to be given, to be done or not to be done.

a. Product
b. Contract
c. Prestation
d. Quasi-delicts

c. Prestation

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Which of the following is not a source of obligation?

a. Quasi-Contracts
b. Law
c. Contracts
d. Prestation

d. Prestation

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In which article of R.A 386, Book IV states that “an obligation is a juridical necessity to give, to do or not to do.

a. Article 1157
b. Article 1159
c. Article 1156
d. Article 1167

c. Article 1156

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In which article of R.A 386, Book IV states the sources of obligations.

a. Article 1157
b. Article 1159
c. Article 1156
d. Article 1167

a. Article 1157

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In which article of R.A 386, Book IV states that “obligations arising from contracts have the FORCE OF LAW between the contracting parties and should be COMPLIED WITH GOOD FAITH.

a. Article 1157
b. Article 1159
c. Article 1156
d. Article 1167

b. Article 1159

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In which article of R.A 386, Book IV states that “if a person obliged to do something fails to do it, the same shall be executed at his cost.”

a. Article 1157
b. Article 1159
c. Article 1156
d. Article 1167

d. Article 1167

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In which article of R.A 386, Book IV states the sources of liability for damages.

a. Article 1338
b. Article 1175
c. Article 1170
d. Article 1171

c. Article 1170

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Fraud in the performance of an obligation. It renders the guilty party liable for damages. It does not affect contract’s validity.

a. Incidental Fraud (Dolo Incidente)
b. Causal Fraud (Dolo Causante)

a. Incidental Fraud (Dolo Incidente)

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Fraud in getting the consent to a contract. It renders the contract defective and subject it to annulment at the same time giving the innocent party a right also to ask for damages.

a. Incidental Fraud (Dolo Incidente)
b. Causal Fraud (Dolo Causante)

b. Causal Fraud (Dolo Causante)

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The intentional non-performance of obligation; deception. There is an intent to evade the normal fulfillment of the obligation and to cause damage.

a. Negligence (Culpa)
b. Fraud (Dolo)
c. Delay (Mora)
d. Contravention of the tenor of the obligation

b. Fraud (Dolo)

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Carelessness or lack of diligence. It consists in the omission of that diligence that is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place.

a. Negligence (Culpa)
b. Fraud (Dolo)
c. Delay (Mora)
d. Contravention of the tenor of the obligation

a. Negligence (Culpa)

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Negligence where there is a pre-existing obligation and there is fault in carrying out such.

a. Contractual Negligence (Culpa Contractual)
b. Civil Negligence (Culpa Aquiliana)

a. Contractual Negligence (Culpa Contractual)

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Negligence which becomes a source of obligation in itself without a pre-existing contract

a. Contractual Negligence (Culpa Contractual)
b. Civil Negligence (Culpa Aquiliana)

b. Civil Negligence (Culpa Aquiliana)

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Failure in performance of an obligation on time constituting a breach.

a. Negligence (Culpa)
b. Fraud (Dolo)
c. Delay (Mora)
d. Contravention of the tenor of the obligation

c. Delay (Mora)

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The delay on the part of the debtor to fulfill his obligation. It begins from the time of judicial or extrajudicial demand by the creditor for fulfillment of the obligation. a. Mora Solvendi b. Mora Accipiendi c. Compensation Morae

a. Mora Solvendi

The delay on the part of the creditor to accept the performance of the obligation. a. Mora Solvendi b. Mora Accipiendi c. Compensation Morae

b. Mora Accipiendi

The delay of both obligors in reciprocal obligation that is caused by the delay of on of the parties. a. Mora Solvendi b. Mora Accipiendi c. Compensation Morae

c. Compensation Morae

The violation of the stipulations in the obligation. The contravention however, must no be due to a fortuitous event or force majeure. a. Negligence (Culpa) b. Fraud (Dolo) c. Delay (Mora) d. Contravention of the tenor of the obligation

d. Contravention of the tenor of the obligation

An event which could not be foreseen, of which, though foreseen, was inevitable. It includes unavoidable accidents even if there has been an intervention of human element.

Fortuitous Events (Force Majeure)

Fortuitous Events (Force Majeure) where there is human intervention such as wars, fire, robbery, invasion.

Acts of Man

Fortuitous Events (Force Majeure) that is totally independent of will of any human being such as earthquake, flood, hurricane, lightning strike, volcano eruption.

Acts of God

Includes delivery of money, and performance of an obligation in a manner other than delivery of money.

Payment

* Meeting of the minds between 2 persons * One binds himself with respect to the other * To give something/render some service

Contracts

BASIC PRINCIPLES OR CHARACTERISTICS OF CONTRACTS • Have the force of law between the contracting parties and should be complied in good faith. a. Obligatory Force b. Autonomy c. Mutuality d. Relativity e. Consensuality

a. Obligatory Force

BASIC PRINCIPLES OR CHARACTERISTICS OF CONTRACTS • Contracting parties may establish such stipulations, clauses, terms and conditions. a. Obligatory Force b. Autonomy c. Mutuality d. Relativity e. Consensuality

b. Autonomy

BASIC PRINCIPLES OR CHARACTERISTICS OF CONTRACTS • The contract must bind both parties; its validity or compliance cannot be left to the will of one of them. a. Obligatory Force b. Autonomy c. Mutuality d. Relativity e. Consensuality

c. Mutuality

BASIC PRINCIPLES OR CHARACTERISTICS OF CONTRACTS • Contracts take effect only between the parties, their assigns and heirs. a. Obligatory Force b. Autonomy c. Mutuality d. Relativity e. Consensuality

d. Relativity

BASIC PRINCIPLES OR CHARACTERISTICS OF CONTRACTS • Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law. a. Obligatory Force b. Autonomy c. Mutuality d. Relativity e. Consensuality

e. Consensuality

STAGES OF A CONTRACT • The negotiation stage of the contract leading to a definite agreement. a. Preparation or Generation b. Perfection or Birth c. Consummation or Termination

a. Preparation or Generation

STAGES OF A CONTRACT • When there's been a "meeting of the minds" a. Preparation or Generation b. Perfection or Birth c. Consummation or Termination

b. Perfection or Birth

STAGES OF A CONTRACT • The extinction of the contract by the performance of the obligation created by it. a. Preparation or Generation b. Perfection or Birth c. Consummation or Termination

c. Consummation or Termination

What are the 3 essential requisites of a contract?

* Consent of the Parties * Object certain * Cause of the obligation

REQUISITES OF A CONTRACT * Consent of the parties * Object Certain * Cause of the obligation a. Consensual Contract b. Real Contract c. Solemn Contract

a. Consensual Contract

REQUISITES OF A CONTRACT * Consent of the parties * Object Certain * Cause of the obligation * Delivery a. Consensual Contract b. Real Contract c. Solemn Contract

b. Real Contract

REQUISITES OF A CONTRACT * Consent of the parties * Object Certain * Cause of the obligation * Observance of the required formality a. Consensual Contract b. Real Contract c. Solemn Contract

c. Solemn Contract

* Conformity of wills and with respect to contracts * Agreement of the will of one contracting party with another. * Manifested by the meeting of the offer a. Agreement b. Offer c. Acceptance d. Consent

d. Consent

* A proposal to enter into a contract. * Must be certain a. Agreement b. Offer c. Acceptance d. Consent

b. Offer

* The manifestation by the offeree of his agreement to the terms of offer. * May be express (Written or Oral) a. Agreement b. Offer c. Acceptance d. Consent

c. Acceptance

If a deaf-mute knows how to write, can he/she enter a valid contract?

Yes

VICES OF CONSENT * Unconscious ignorance or forgetfulness of the existence or non-existence of a face, past or present, material to the contract. * To render a contract voidable, it must be material and substantial. a. Mistake b. Violence c. Intimidation d. Undue Influence e. Fraud

a. Mistake

VICES OF CONSENT • Applicable when in order to wrest consent, serious or irresistible force is employed. a. Mistake b. Violence c. Intimidation d. Undue Influence e. Fraud

b. Violence

VICES OF CONSENT * When one of the contracting parties is compelled by a reasonable and well-grounded fear or an imminent and grave evil. * A threat to enforce one's claim through competent authority. a. Mistake b. Violence c. Intimidation d. Undue Influence e. Fraud

c. Intimidation

VICES OF CONSENT • When a person takes improper advantage over the will of another, depriving the latter of a reasonable freedom. a. Mistake b. Violence c. Intimidation d. Undue Influence e. Fraud

d. Undue Influence

VICES OF CONSENT • When through insidious words or machinations of one of the contracting parties, the other induced to enter into a contract which without them, he would not have agreed to. a. Mistake b. Violence c. Intimidation d. Undue Influence e. Fraud

e. Fraud

The essential or more proximate purpose why a party assumes an obligation; the reason which moves contracting parties to enter into a contract.

Cause

FORMS OF CONTRACT • Acts and contract which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property.

Public Documents

The remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed. a. Rescission b. Reformation c. Void d. Cession

b. Reformation

What are the 4 kinds of defective contracts?

* Rescissible Contracts * Voidable Contracts * Unenforceable Contracts * Void Contracts

KINDS OF DEFECTIVE CONTRACTS A remedy granted by law, both to the contracting parties and to third persons in order to secure reparation of damage caused them by a contract. a. Rescission b. Reformation c. Void d. Cession

a. Rescission

KINDS OF DEFECTIVE CONTRACTS The action to claim rescission must be claimed with in how many years? a. 2 years b. 4 years c. 6 years d. 3 years

b. 4 years

KINDS OF DEFECTIVE CONTRACTS A waiver of one's right to annul the voidable contract. It cleanses the contract from all its defect from the moment it was constituted. a. Rescission b. Reformation c. Ratification d. Reparation

c. Ratification

KINDS OF DEFECTIVE CONTRACTS • Contracts that cannot be sued upon unless ratified, thus it is as if they have no effect yet. a. Rescissible Contracts b. Voidable Contracts c. Unenforceable Contracts d. Void Contracts

c. Unenforceable Contracts

KINDS OF DEFECTIVE CONTRACTS • Contracts that has no effect at all. It cannot be ratified and or validated. a. Rescissible Contracts b. Voidable Contracts c. Unenforceable Contracts d. Void Contracts

d. Void Contracts