A contract entered into by an incapacitated person is
a. void
b. voidable
c. rescissible
d. unenforceable
Contracts entered into in a state of drunkenness or during hypnotic spell
are
a. valid
b. voidable
c. rescissible
d. void
A contract entered into by an insane person during a lucid interval is
a. valid
b. voidable
c. rescissible
d. void
It involves the employment of serous or irresistible force to obtain consent.
a. intimidation
b. threat
c. violence
d. undue influence
It is present 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 and ascendants, to give his consent.
a. violence
b. threat
c. intimidation
d. undue influence
The following contracts are unenforceable, except:
a. Those entered into by one who has no authority or legal representation
b. Those that do not comply with the Statute of Frauds
c. Those where both parties are incapable of giving consent to a contract
d. Those where the consent of a party is vitiated by violence, intimation,
mistake, fraud or undue influence
Under the Statute of Frauds, certain contracts must be in writing to be
enforceable. One of the following contracts is enforceable although not in
writing. Which is it?
a. Sale of movables at a price of not less than P500
b. A representation as to the credit of a third person
c. an agreement made in consideration of marriage other than mutual
promise to marry
d. An agreement for the leasing for a longer period than one year of a
personal property
The Statute of Frauds applies only to
a. wholly executed contracts
b. contracts wholly or partially executed on the part of the debtor
c. contracts wholly or partially executed on the part of the creditor
d. wholly executory contract
The following contracts are void or inexistent, except;
a. Those whose cause, object or purpose is contrary to law, moral, good
customs, public order or public policy
b. Those which are absolutely simulated or fictitious
c. Those whose cause or object did not exist at the time of the transaction
d. Those where one of the parties employed fraud to obtain the consent of
the other
In January 2019, S, 17 years old, sold his only car to B 21 years old. The
sale was without the knowledge of G, the guardian of S.
a. S may bring the action for annulment
b. G may bring the action for annulment
c. B may bring the action for annulment
d. Annulment will not prosper whoever will file it
Which among the following contracts is void?
a. A contract of barter between S, insane and B, 17 years old
b. A contract of sale where B, the buyer, twisted the arm of S, the seller, so
that S would sign the deed of sale.
c. A contract of sale where B, the buyer, aimed a gun at the wife of S, so
that S would sign the deed of sale.
d. A contract for the sale of a cow which is suffering from a contagious
disease
Which of the following contracts is valid and enforceable?
a. An oral promise to answer for the default of another
b. A donation and its acceptance in a private instrument of a parcel of land
c. An oral lease of a mining equipment for more than two years
d. An oral contract of sale of a ring worth P450 between an insane and a
minor.
S and B entered into a contract where they made it appear that S sold to B
a parcel of land worth P50,000. In reality, however, S borrowed from B
P50,000 with S mortgaging the parcel of land as security for the debt.
a. S and B are bound by the contract of loan and mortgage
b. S and B are bound by the contact of sale
c. S and B are not bound at all
d. S and B are bound by the contract of loan and mortgage if third persons
are affected.
Which of the following contracts is rescissible?
a. A sale made by a guardian in behalf of his ward of the corn harvested
from the ward’s corn field at a price of P50,000. The corn had a value of
P60,000
b. A sale of a piece of land made by D to defraud C, his creditor. The buyer
of the piece of land was aware of the fraudulent intention of D when D
made the sale.
c. A donation made by D to X of his watch worth P3,000 during a party
where D was in a state of drunkenness. X wrote his acceptance of the
donation on a table napkin.
d. A barter of D’s ring with C’s necklace. D was publicly known to be
insane but he was in his lucid interval at the time of the exchange.
Which one of the following is a real contract?
a. pledge
b. commodatum
c. sale
d. donation of an immovable
D borrowed P50,000 from C. On due date, C demanded payment but D
refused to pay. In view thereof, C threatened to sue D. Afraid that he
would be sued, D executed a contract transferring his lot to C by way of
dacion en pago. What is the status of the dacion en pago?
a. void because D did not give his consent freely
b. voidable because D gave his consent by reason of the intimidation
employed by C
c. valid because there was no intimidation when a party seeks the aid of
the courts to enforce his right
d. rescissible because D suffered damages.
