DEL ROSARIO, RYAN J. L. | LLB-I EH-410 1 OBLIGATIONS AND CONTRACTS PART I. OBLIGATIONS 1.

Sam is obliged to give Ben on March 1, 2011 a particular parcel of land. Which of the following statements below is correct?

a. The obligation to deliver arises upon the fulfilment of the condition. b. The obligation to deliver arises upon the arrival of the term. c. The obligation to deliver arises upon the perfection of the contract. d. The obligation to deliver arises upon full payment of the parcel of land.

2. Refer to the previous question, supposing delivery is made on March 15, 2011, which of the following statements below is the best choice?

a. Sam has a real right over the land after March 15, 2011. b. Sam has a personal right over the land and fruits before March 15, 2011. c. Sam has a real right over the land and fruits from March 1, 2011 to March 15, 2011, which is a right that is enforceable against the whole world. d. Sam has a real right over the land and fruits after March 15, 2011, which is enforceable against the whole world. 3. X, a debtor did not deliver his car on February 1, 2011. A Typhoon happened and the car to be delivered was destroyed on February 03, 2011. Will X be liable for the damage? Choose the best answer: a. No, X obligation is extinguished. A specific obligation as a rule is extinguished by a fortuitous event or act of God. b. No, because X was not guilty of bad faith, a recognized exception where a fortuitous event does not exempt. c. No, because X is not yet in legal delay. d. Yes, X will be liable. The obligation is not extinguished based on the principle of genus nunquam perit. 4. Which of the following is with a term or period? a. I will give you P10, 000.00 if your mother dies of cancer. b. I will give you P10, 000.00 when I have money.

DEL ROSARIO, RYAN J. L. | LLB-I EH-410 2 OBLIGATIONS AND CONTRACTS c. I will give you P10, 000.00 after you graduate this March. d. I promise to pay you P10, 000.00 5. X, Y and Z are obligated to A in the amount of P30, 000.00. X shall only pay if A graduates on 2011 and Y shall pay on January 1, 2012, and Z shall pay when A reaches 25. If A sues X, after he graduated, how much can X be held liable to pay A? a. X, Y and Z are joint debtors of A. Upon fulfillment of the condition, A can only demand P10, 000.00 from X. b. X, Y and Z are solidary debtors of A. Upon fulfillment of the condition, A can demand the whole P30, 000.00 from X subject to reimbursement by the other parties. c. X, Y and Z are solidary debtors of A. Upon fulfillment of the condition, A can demand P10, 000.00 from X and not the P30, 000.00 as this was the only amount due upon the fulfillment of the condition. d. X, Y and Z are joint debtors of A. Upon fulfillment of the condition, A can demand from any debtor the whole amount of P30, 000.00 subject to reimbursement by the other parties which is really their share of the obligation. PART II. CONTRACTS 1. A wants to borrow from B P100, 000.00 so he offered by way of mortgage his land as security. Both parties agreed on this point but the contract as drafted contained an absolute sale. Supposing A comes to you, what would be your advice? a. b. c. d. The The The The contract contract contract contract must be rescinded because of its defect. must be annulled. must be reformed. is unenforceable unless it is ratified.

2. X sent a letter on February 1, 2011 offering a sale to Y. A letter of acceptance was sent by Y on February 15, 2011. However, A changed his mind and sent a telegram cancelling the acceptance on February 16, 2011. Which of the statements below is true? Choose the best answer. a. The contract of sale is binding since the letter of Acceptance was sent earlier than the telegram cancelling the acceptance. b. Y can still cancel the contract because the letter of acceptance did not yet come to the knowledge of X. c. The contract of sale is binding only at the time the offeror has knowledge of the acceptance. d. Y can still withdraw because he immediately sent a telegram the next day cancelling the contract.

DEL ROSARIO, RYAN J. L. | LLB-I EH-410 3 OBLIGATIONS AND CONTRACTS 3. Trillanes offered Garcia a car worth P1M. Trillanes gave Garcia a 30-day period to decide. Given the 30-day period for the prospective buyer to decide, could Trillanes withdraw the offer before the lapse of the 30 day period? a. Yes, because Trillanes as the seller has the right to withdraw his offer at any time before acceptance. b. Yes, just by communicating to the offeree that you are withdrawing the offer at any time before acceptance with no consideration involved. c. No, because the contract has already been perfected and such withdrawal is tantamount to a breach in the contract. d. No, since the 30-day period given by Trillanes is already binding between them. 4. A, in a written instrument, donated a real property to B worth P1M. B accepted the donation. Both agreed to affix their signature in the said instrument. B wanted to have the donation registered but the registration requires it to be in a public instrument. Can B then sue to compel A to observe the necessary form? Decide. a. No, because donations are gratuitous in nature, thus the donor acted in pure liberality. b. Yes, because the donation of a real property at a value that exceeds P5, 000.00 is in writing. c. No, because the donation of real property in the first place is not valid absence the requirement of delivery for real contracts. d. No, because the donation of real property in the first place is not valid absence the formal requirement that it be in a public instrument. 5. Pedro who resides in Cebu wrote to Maria who resides in Manila that he is donating to her a car worth P1M. Upon the receipt of the letter, Maria called Pedro and informed him that she is accepting the donation. On the same day Maria wrote and mailed a letter to Pedro accepting the donation. Immediately after mailing the letter, Maria died. Who is entitled to the car, the heirs of Pedro or Maria? Decide. a. The heirs of Pedro. There was no valid donation. There is acceptance but the donation of a personal property at a value that exceeds P5, 000. 00 must be in writing to have validity. b. The heirs of Pedro. There was no valid donation. The donation in the instant case cannot produce an effect whatsoever. c. The heirs of Maria. There was a valid donation. There was a meeting of the minds when Maria called Pedro and informed him that she is accepting the donation. d. The heirs of Maria. There was a valid donation. The offer became effective upon death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed.

DEL ROSARIO, RYAN J. L. | LLB-I EH-410 4 OBLIGATIONS AND CONTRACTS