This document contains 38 multiple choice questions about obligations and contracts law. The questions cover topics such as sources of obligations, different types of conditions in contracts, modes of extinguishing obligations like compensation, and characteristics of different kinds of contracts.
These notes are not made by me. this is made by a different group in my class. these notes were provided for everyone in the class as part of our group project.
I am merely sharing these notes to supplement other students in learning the subject.
These notes are not made by me. this is made by a different group in my class. these notes were provided for everyone in the class as part of our group project.
I am merely sharing these notes to supplement other students in learning the subject.
The Florida State per-licensing exam flashcard Study GuideJamesHarris194
Florida Bail Bonds Academy flashcard is a card bearing information on both sides, which is intended to be used as an aid in memorization. Each flashcard bears a question on one side and an answer on the other for the Florida final per-licensing exam, a question-and-answer format.
1. Which of the following offers terminates earliest Assume that .docxhyacinthshackley2629
1. Which of the following offers terminates earliest? Assume that there is no time limitation on the offer unless the offer says otherwise.
A. An offer for the sale of land.
B. An offer to purchase stock on a stock exchange.
C. An offer that says that it will stay open for one week.
D. An offer with a valid five-day option attached to it.
2. In determining whether the consideration requirement has been satisfied to form a contract, the courts will be required to decide whether the consideration
A. was bargained for.
B. was fair and adequate.
C. has sufficient economic value.
D. conforms to the subjective intent of the parties.
3. Beal offered in writing to sell Crane a piece of land for $150,000. If Beal dies, the offer will
A. automatically terminate prior to Crane's acceptance.
B. automatically terminate despite Crane's prior acceptance.
C. terminate prior to Crane's acceptance only if Crane received notice of Beal's death.
D. remain open for a reasonable period of time after Beal's death.
4. Article 2 of the UCC does not apply to a sale of:
A. ball bearings.
B. wheat that has been harvested.
C. corporate stock.
D. a new car.
5. The primary distinction between an action based on innocent misrepresentation and an action based on common law fraud is that, in the former, a party need not allege and prove
A. that there has been a false representation.
B. the materiality of the misrepresentation.
C. reasonable reliance on the misrepresentation.
D. that the party making the misrepresentation had actual or constructive knowledge that it was false.
6. Westlake Online, an Internet services provider, includes in its "clickwrap" contract a clause stating that California courts have "exclusive jurisdiction" over subscribers' disputes with Westlake Online. This clause will most likely be:
A. unenforceable because it was not the result of bargaining.
B. enforceable if it is considered reasonable by a court.
C. unenforceable against a subscriber in another state.
D. enforceable if the subscriber does not file a motion to dismiss.
7. A valid assignment always requires:
A. consideration.
B. writing.
C. filing with a local court.
D. an intention to assign.
8. In deciding whether consideration necessary to form a contract exists, a court must determine whether
A. the consideration given by each party is of roughly equal value.
B. there is mutuality of consideration.
C. the consideration has sufficient monetary value.
D. the consideration conforms to the subjective intent of the parties.
9. The standard of proof in a criminal case is:
A. proof by a preponderance of the evidence.
B. proof beyond a reasonable doubt.
C. proof that is "more likely than not".
D. proof beyond a shadow of a doubt.
10. Which of the following best illustrates duress?
A. Bob was to deliver goods worth $500 to Pam on October 1, but failed to do so. Pam tells Bob that unless he pays her $600, which it cost her to obtain goods from another supplier, she will sue him in court..
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Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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1. Raymond Atanacio OBLIGATIONS AND CONTRACTS
MultipleChoiceQuestions in Obligationsand Contracts
1. It is the juridical relation resultingfromlawful,voluntary,and unilateral acts by virtueof which the parties
become bound to each other to the end that no one shall beunjustly enriched or benefited atthe
expense of another.
a. Agreement
b. Vinculumjuris
c. Contracts
d. Quasi-Contracts
2. This takes placewhen something is received when there is no rightto demand it, and itwas unduly
delivered thru mistake.
a. Solutio Indebiti
b. Negotiorum Gestio
c. Vinculumjuris
d. Prestation
3. This happened when the creditor make a demand and the obligor failsto deliver the thing.
a. Negligence
b. Mora solvendi
c. Mora accipiendi
d. Compensatio morae
4. Demand is not necessary to incur delay when:
a. Creditor refuses the performance without justcause.
b. The debtor is guilty of non-performance.
c. Time is the controlling motive
d. If the obligation bears interest
5. In what instancemay we consider thatthere is no delay?
a. In civil obligations
b. In positiveobligation
c. In obligation arisingfromcrime
d. In natural obligation
6. In Accion subrogatoria the creditor may exerciseall of the rights and bringall of the actions which the
debtor may have againstthird persons if:
a. If the accountis personal
b. The debtor's acts are fraudulent
c. The debtor has performed an act subsequent to the contract,givingadvantage to other persons
d. Creditor must have the right of return against debtor
7. In Accion Pauliana Rescission,which involves theright of the creditor to attack or impugn by means of
rescissory action any actof the debtor which is in fraud and to the prejudiceof his rights as creditor
provided:
2. a. The debt is due and demandable
b. There is a failureof the debtor to collecthis own debt from 3rd persons either through maliceor
negligence
c. The debtor's assets areinsufficient
d. The debtor has performed an act subsequent to the contract, giving advantage to other
persons
8. It causes the extinguishment or loss of rights already acquired upon the fulfillmentof the condition,that
is,the happeningof the event which constitutes the condition.In other words, the fulfillmentof which
will extinguish an obligation (or right) already existing.
a. Condition subsequent
b. Suspensive
c. facultativecondition
d. positivecondition
9. When the thing deteriorates with the debtor’s fault, the creditor may chooseone 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.
10. It is a future and certain event upon the arrival of which the obligation (or right) subjectto iteither arises
or is terminated.
a. Fortuitous events
b. Condition
c. Period
d. Date and time
11. Anna Marieowes Reah P5,000 payablein one year, at10% interest per annum. On maturity, Anna Mariepays
Reah P5,000 which Reah acknowledged havingreceived without mentioning the payment of interest. Which best
describes what happened to the interest?
a. There is a rebuttable presumption that Interest has been paid.
b. Interest has already been paid.
c. Interest will soon followafter payment of the principal
d. None of the above.
12. A period designated in the obligation is presumed established for the benefit of:
a. both the debtor and the creditor
b. benefit of the creditor only
c. benefit of the debtor only
d. none of the above.
3. 13. An obligation thefulfillmentof which is not subjectto a condition but immediately demandable:
a. Conditional obligation
b. obligation with a period
c. Pure obligation
d. None of the above
14. Which DOES NOT correctly complete the sentence? An obligation is a juridical necessity
a. to give
b. to do
c. not to give
d. not to do
15. The obligation where only one party is bound is called
a. unilateral
b. bilateral
c. real
d. personal
16. Duringthe pendency of the suspensive condition in an obligation to give, if the thing deteriorates through the
faultof the debtor
a. the obligation shall beextinguished
b. the debtor shall beobliged to pay damages
c. the impairment shall beborne by the creditor
d. the creditor may choosebetween rescission and fulfillment,with indemnity in either case
17. Which of the followingis NOTa sourceof obligation?
a. Law
b. Contracts
c. Quasi-Contracts
d. None of the above
18. Statement I – A person alternatively bound by different prestations shall completely perform one of them.
Statement II – The creditor can be compelled to receive partof one and partof the other undertaking.
Which of the followingis correct?
a. Only Statement I is correct
b. Only Statement II is correct.
c. Both statements are correct.
d. None of the statements is correct.
4. 19. "A sells to B his lotand house in the city if A decides to transfer and livein the countryside"is an example of:
A. Mixed Condition
B. Potestative Condition
C. Casual Condition
D. Resolutory Condition
20. When a third person assumes the payment of the obligation even without the knowledge and consent of the
debtor but with the consent of thecreditor
a. There is delegation if debtor is released
b. There is subrogation
c. There is novation
d. There is expromission if debtor is released
21. Which of the followingstatements is false?
a. An obligation to pay a certain amount in ten annual installments is divisible.
b. Execution of a certain number of days of work shall bedivisible.
c. Obligationsto give definite things and those that are not susceptibleof partial
performance shall bedeemed divisible.
d. Accomplishment of work by metrical units aredivisible
22. Three of the followingcontracts arevoid.Which one is not?
A Oral contractof partnership where real estate is contributed as capital
5. B Agent's authority to sell land is given orally.
C
Oral contractof partnership of three partners and capital contribution ismorethan P3,000 in
cash
D Written contractcontemplating impossibleservices
23. It is a mode of extinguishingan obligation when two persons in their own right arecreditors of each other.
A Confusion
B Compensation
C Reformation
D Novation
24. Which of the followingis notan element of legal compensation?
A There is controversy or adverseclaimover any debts to be compensated
B There are two or more debts of the samekind
C Debts to be compensated are due and demandable
D There are two or more persons who are creditor or debtors of each other.
25. Contracts which cannot be sued upon unless ratified,thus it is as if they have no effect yet are
A Voidable
B Unenforceable
C Rescissible
D Void
26. When the debtor binds himself to pay when his means permit him to do so,the obligation is:
A Pure
B Conditional
C Simple
D With a Period
27. If the obligor binds himself to perform his obligation assoon as "heshall haveobtained a loan"from a certain
bank, this obligation is:
6. A Resolutory
B Conditional
C With a Term
D Suspensive
28. A contractis in the stage of conception when:
A The parties come to an agreement.
B There is meeting of the minds.
C Negotiations are in progress.
D The contractis perfected.
29. A defective contractwhere damage or lesion is essential
A Void
B Rescissible
C Unenforceable
D Voidable
30. This contractis without effect unless ratified:
A Donation between husband and wife
B Contract of salebetween two insanepersons
C Marriagebetween firstdegree cousins
D Contract of salebetween husband and wife
31. Rescission of contractcan take placein this case
A When the seller cannotreturn the installments paid to him by the buyer
B When the party seeking resolution can perform only as to part and as to remainder
C When the thing which is the object of the contract is legally in thepossession of a third person
who acted in bad faith
D When he who demands rescission can return whatever he may be obliged to restore
32. Through insidiouswords or machinations,Awas able to induceB to enter into a contractwhich without them
B would not have agreed to it. There is
7. A Undue Influence
B Mistake
C Fraud
D Misrepresentation
33. An instrument may be reformed
A When the real agreement is void
B Simple donations inter vivos wherein no condition is imposed
C Wills
D When the instrument does not express the true intention of the parties due to mistake
34. If the obligation of the debtor is "I will pay you my debt after I have arrived from abroad,"this is
A Conditional
B Void
C With a Period
D Unenforceable
35. When the characters of the creditor and the debtor are merged in one and the same person, there is
extinguishment of the obligation by
A Compensation
B Remission
C Novation
D Merger of Rights
36. Which of the followingcontracts is notvoid ab initio?
A That which contemplates an impossibleservice
B That which is undertaken in fraud of creditors
C Those whose object is outsidethe commerce of men
D That whose object did not exist at the time of transaction
8. 37. Contracts entered into in a state of drunkenness or duringa hypnotic spell are:
A Valid
B Legal
C Voidable
D Void
38. Delay in the givingor deliveringof a thing
A Mora accipiendeex re
B Mora accipiendeex persona
C Mora solvendi ex persona
D Mora solvendi ex re