1.
Contracts shall be obligatory in whatever form it may have been entered into provided all the essential _________ for their validity are present
Explanation
The statement suggests that contracts are binding regardless of the form in which they are made, as long as all the essential requirements for their validity are met. These essential requirements, known as requisites, are necessary conditions that must be present for a contract to be considered legally valid and enforceable. Therefore, the correct answer is "requisites."
2.
The law on contracts is provided for in ___ of the New Civil Code of the Philippines.
Correct Answer
C. R.A. 386
Explanation
R.A. 386 refers to the New Civil Code of the Philippines. The question is asking for the specific law that provides for the law on contracts, and the correct answer is R.A. 386 because it is the law that contains the provisions and regulations regarding contracts in the Philippines.
3.
The basic principle that ignorance of the law shall excuse no one from compliance is embodied in __________.
Correct Answer
A. Article 3 of NCC
Explanation
The basic principle that ignorance of the law shall excuse no one from compliance is embodied in Article 3 of NCC. This article establishes the fundamental principle that individuals cannot claim ignorance of the law as a defense for not complying with it. It emphasizes the importance of individuals being aware of and following the laws, regardless of their level of knowledge or understanding. This principle ensures that everyone is held accountable for their actions and promotes a fair and just legal system.
4.
In _________, there is intent to evade the normal fulfillment of a pre-existing obligation.
Correct Answer
A. Fraud
Explanation
Fraud involves the deliberate intention to avoid fulfilling a pre-existing obligation. It typically involves deceit, misrepresentation, or manipulation for personal gain. In cases of fraud, individuals intentionally deceive others, often for financial or material benefits, by providing false information, making false promises, or engaging in other dishonest practices. This behavior is considered illegal and unethical as it undermines trust and fairness in transactions and relationships.
5.
___________ consists in the omission of that diligence which is required by the nature of the obligation.
Correct Answer
A. Negligence
Explanation
Negligence refers to the act of failing to exercise the necessary care and diligence that is expected in fulfilling an obligation. It involves the omission of the required level of attention and caution, which can result in harm or loss. In this context, negligence is the appropriate answer as it aligns with the description provided in the question.
6.
_________ on the part of the debtor begins from the time of judicial or extrajudicial demand by the creditor for the fulfillment of the obligation.
Correct Answer
B. Delay
Explanation
The correct answer is "delay." In this context, "delay" refers to the period of time that starts from when the creditor demands the debtor to fulfill their obligation, either through legal or non-legal means. During this delay, the debtor is expected to fulfill their obligation. This suggests that the debtor is given a certain amount of time to comply with the creditor's demand before any further action is taken.
7.
Another requisite of law is the existence of a/n
Correct Answer
D. Sanction/ Punishment
Explanation
The given answer, "Sanction/ Punishment," is correct because in the context of law, a sanction or punishment is necessary for maintaining order and enforcing compliance with legal rules and regulations. Sanctions and punishments serve as deterrents and consequences for individuals who violate the law, ensuring that there are consequences for their actions. Without sanctions or punishments, the law would lack the necessary authority and effectiveness in deterring and addressing unlawful behavior.
8.
_______ is a rule of conduct, just, obligatory, and laid down by a legitimate power.
Correct Answer
A. Law
Explanation
Law is a rule of conduct that is just, obligatory, and laid down by a legitimate power. It is a system of rules and regulations that governs the behavior of individuals and societies. Laws are created by governments or other legitimate authorities to maintain order, protect rights, and ensure justice. They are enforceable through legal institutions and mechanisms. Therefore, law is the correct answer as it encompasses all the mentioned characteristics.
9.
Any contracting party who violates a valid contract may be sued to comply and may also be asked to pay _________ to the aggrieved party.
Correct Answer
Damages
Explanation
If a contracting party breaches a valid contract, they can be sued by the aggrieved party. In such a case, the aggrieved party may seek compensation for the losses or harm caused by the breach, which is referred to as damages. This can include financial compensation to cover any financial losses incurred as a result of the breach. The purpose of awarding damages is to restore the aggrieved party to the position they would have been in if the contract had been properly fulfilled.
10.
A contract is considered _____ when given through mistake, violence intimidation, undue influence or fraud.
Correct Answer
A. Void
Explanation
A contract is considered void when it is given through mistake, violence, intimidation, undue influence, or fraud. This means that the contract is invalid and has no legal effect. Void contracts are treated as if they never existed, and neither party is obligated to fulfill their obligations under the contract. This can occur when there is a fundamental flaw in the formation of the contract, such as one party being forced into signing it or one party intentionally deceiving the other.
11.
________ is an unconscious ignorance or forgetfulness of the existence or non-existence of a fact, past pr present, material to the contract.
Correct Answer
D. Mistake
Explanation
Mistake refers to an unconscious ignorance or forgetfulness of a fact that is important to the contract, whether it is about its existence or non-existence. It implies that one or both parties were not aware of the fact and made an error in their understanding or judgment. This lack of knowledge or forgetfulness can affect the validity or performance of the contract.
12.
There is _____ when in order to wrest consent, serious or irresistible force is employed.
Correct Answer
B. Violence
Explanation
The correct answer is violence. When serious or irresistible force is used to obtain consent, it is considered an act of violence. This implies that the person is being coerced or forced into giving consent against their will.
13.
_________ is failure to disclose facts,when there is duty to reveal them, as when the parties are bound by confidential relations.
Correct Answer
A. Fraud
Explanation
Fraud is the correct answer because it refers to the intentional act of deceiving someone by withholding important information that should have been disclosed. In this context, it specifically relates to the failure to disclose facts when there is a duty to reveal them, especially in situations where there are confidential relations between the parties involved.
14.
There is ________ when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent.
Correct Answer
B. Intimidation
Explanation
Intimidation is the correct answer because it refers to a situation where one of the parties in a contract is forced to give their consent due to a reasonable and well-grounded fear of imminent and grave harm to themselves, their spouse, descendants, or ascendants. This fear of harm influences their decision-making process and coerces them into agreeing to the contract. Threat, violence, and mistake do not accurately capture the concept of being compelled by fear to give consent.
15.
The meeting of minds between two persons whereby one binds himself, with respect to the other something or to render some service is defined under ___________.
Correct Answer
B. NCC Article 1305
Explanation
NCC Article 1305 defines the meeting of minds between two persons where one person binds themselves to another in order to render a service or provide something. This article pertains to the concept of a contract, where both parties agree to certain terms and obligations. It establishes the agreement and understanding between the parties involved, ensuring that there is a mutual intention to be bound by the terms of the contract.
16.
_______ is the agreement of the will of one contracting party with that of another or others, upon the object and terms of the contract
Correct Answer
A. Consent
Explanation
Consent refers to the agreement of the will of one contracting party with that of another or others, upon the object and terms of the contract. It implies that all parties involved voluntarily and willingly agree to the terms and conditions of the agreement. Consent is a crucial element in forming a valid contract, as it ensures that all parties are aware of and agree to the rights and obligations outlined in the contract. Without consent, a contract would be considered invalid and unenforceable.
17.
An offer made through _________ is accepted from the time acceptance is communicated to him
Correct Answer
C. An agent
Explanation
When an offer is made through an agent, the acceptance of the offer is considered valid and binding from the moment the agent communicates the acceptance to the person making the offer. This means that once the agent communicates the acceptance on behalf of the person they represent, the offeror cannot revoke or withdraw the offer. The agent acts as a representative of the offeror and has the authority to accept the offer on their behalf. Therefore, the acceptance is effective as soon as it is communicated by the agent.