Contract Law Quiz - Payment Methods and Obligations
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Questions and Answers

Which characteristic does NOT belong to payment by cession?

  • One debtor, one creditor (correct)
  • Abandonment of all the debtor’s properties except those exempt from execution
  • Complete or partial insolvency
  • More than one debt

Which of the following is NOT a special form of payment?

  • Payment by cession
  • Dation in payment
  • Accrual (correct)
  • Tender of payment and consignation

Under which circumstance does C subrogate in the rights of B when C pays A’s debt?

  • When the payment is made after the due date
  • When C’s payment is with A’s knowledge (correct)
  • C never subrogates in any case
  • When C’s payment is without A’s knowledge

What is the term for the substitution or change of an obligation that extinguishes or modifies the first?

<p>Real novation (D)</p> Signup and view all the answers

What is the method by which meeting the characteristics of both debtor and creditor in one obligation extinguishes that obligation?

<p>Merger or confusion (B)</p> Signup and view all the answers

In which situation will the loss of a determinate thing extinguish the obligation?

<p>When the obligation requires assumption of risk (C)</p> Signup and view all the answers

Can A rightfully oppose B's claim for compensation on September 10, 2015?

<p>No, B can claim compensation as he benefits from the term. (B)</p> Signup and view all the answers

Which statement is true regarding the effects of compensatory payments?

<p>Compensation requires mutual consent of both parties. (B)</p> Signup and view all the answers

Which characteristic of dacion en pago is also a characteristic of a contract of sale?

<p>Ownership of the object transferred to the other party (D)</p> Signup and view all the answers

What is the term for an obligation where various prestations must all be performed to extinguish the obligation?

<p>Conjunctive obligation (D)</p> Signup and view all the answers

Which of the following defines a seller's promise or affirmation meant to induce a buyer's purchase?

<p>Warranty (B)</p> Signup and view all the answers

Which of the following contracts is considered rescissible?

<p>Contracts made in a state of inebriation (A)</p> Signup and view all the answers

Which type of contract is deemed void?

<p>Contract where pressure was used to obtain agreement (A)</p> Signup and view all the answers

What is not true about novation regarding the modification of an obligation?

<p>Making oral agreements binding (C)</p> Signup and view all the answers

In the context of joint debtors, how much can creditor V collect from debtor B if the total amount due is P 20,000?

<p>P 20,000 (C)</p> Signup and view all the answers

Which of the following refers to the conveyance of ownership as an accepted equivalent of performance?

<p>Dacion en pago (A)</p> Signup and view all the answers

What is the principle that states parties are bound to fulfill not only what is expressly stipulated but also the consequences in keeping with good faith, usage, and law?

<p>Obligatory force of contract and compliance in good faith (D)</p> Signup and view all the answers

Which of the following instances does NOT render an offer ineffective before acceptance is conveyed?

<p>Insolvency of either party (C)</p> Signup and view all the answers

When is a contract perfected in the scenario where S offered to sell a car and B accepted it, but S died before acceptance was communicated?

<p>The contract was not perfected because S's offer became ineffective (B)</p> Signup and view all the answers

In which stage is a contract when the parties are negotiating but have not yet come to an agreement?

<p>Conception (A)</p> Signup and view all the answers

Which type of contracts are voidable due to the condition of the parties at the time of entering into the agreement?

<p>Contracts entered into under drunkenness or hypnosis (C)</p> Signup and view all the answers

Which element of a contract exists only when it is expressly provided by the parties?

<p>Accidental element (A)</p> Signup and view all the answers

What is the stage of a contract called when there is a meeting of the minds between the contracting parties?

<p>Conception (A)</p> Signup and view all the answers

In contracts of pure beneficence, the cause or consideration is generally characterized by which of the following?

<p>Merely liberality of the benefactor (A)</p> Signup and view all the answers

What action can A take if B refuses to accept A's payment made on September 20, 2015?

<p>A can deposit the payment in court. (A)</p> Signup and view all the answers

In novation, which statement is incorrect regarding obligations?

<p>In expromission, the creditor can still act against the original debtor if the new debtor is insolvent. (D)</p> Signup and view all the answers

Which of the following is NOT a requisite for the application of payment?

<p>There must be multiple creditors involved. (D)</p> Signup and view all the answers

What is the consequence of a merger taking place in the person of the guarantor?

<p>It only extinguishes the secondary contract. (A)</p> Signup and view all the answers

When is a payment made to an incapacitated creditor deemed valid?

<p>Only when the payment is beneficial. (D)</p> Signup and view all the answers

In Case 1, when Ader pays D's debt to C, under what condition is this payment valid?

<p>If Ader intends to seek reimbursement from D. (D)</p> Signup and view all the answers

In Case 2, what can T collect from D after the assignment of credit rights?

<p>P 5,000. (C)</p> Signup and view all the answers

Which statement is true regarding payment made by a third person?

<p>It is considered a donation if there's no intention of reimbursement. (C)</p> Signup and view all the answers

In what situation is a payment made to a third person NOT valid to extinguish the debtor's obligation to the creditor?

<p>When the third person acts as a witness during the payment process. (A)</p> Signup and view all the answers

If N pays S the awarded P 72,000, what can N do regarding collection from R and J?

<p>N can collect P 24,000 each from R and J. (B)</p> Signup and view all the answers

Why is P liable under the contract regarding the sale made by A?

<p>Because it is enough that the principal is capacitated. (D)</p> Signup and view all the answers

B's demand for payment from A after the house was destroyed is valid under which condition?

<p>If the destruction was not due to A's fault. (B)</p> Signup and view all the answers

What could S do to satisfy the court's award of P 72,000?

<p>Collect P 24,000 each directly from N, R and J. (B)</p> Signup and view all the answers

What is the consequence of A's agent acting beyond their powers in the sale to X?

<p>The sale is deemed unenforceable due to the agent's status. (B)</p> Signup and view all the answers

What must occur for B to legally demand payment from A after the house destruction?

<p>A must find another property to mortgage. (B)</p> Signup and view all the answers

In what scenario can P avoid liability for the sale made by A?

<p>If the sale complies with the authority given but on a cash basis. (A)</p> Signup and view all the answers

What type of obligation is defined as having several prestations due but only one performance is sufficient?

<p>Facultative (B)</p> Signup and view all the answers

Which obligation is immediately demandable because it is not subject to conditions or specific dates?

<p>Pure obligation (A)</p> Signup and view all the answers

Which scenario represents a conditional obligation?

<p>Ace is to pay Walter P 5,000 if he has the means. (A)</p> Signup and view all the answers

What is the legal status of the obligation described: 'I will give this ring, provided I can have it back if I want'?

<p>Valid, but disregards the debtor's potestative condition. (B)</p> Signup and view all the answers

What happens to an alternative obligation if the right belongs to the debtor and the loss is due to their fault?

<p>The obligation ceases completely if none of the prestations are available. (A), The obligation remains valid if one object remains. (B), The obligation is retained in its alternative character if additional objects are available. (C), The obligation is modified to a simple obligation if one object remains. (D)</p> Signup and view all the answers

In the scenario where A, B, and C are jointly obligated to deliver a car and B's fault caused the damage, what can X collect from each party?

<p>P 203,000 each from A, B, and C. (B)</p> Signup and view all the answers

Which statement about obligations is false?

<p>A facultative obligation obligates to perform all prestations regardless of choice. (B)</p> Signup and view all the answers

What is a key characteristic of a pure obligation?

<p>It is immediately enforceable. (D)</p> Signup and view all the answers

Flashcards

Valid Payment to Third Party

Payment made to a third party is valid if the creditor ratifies it, the debtor was led to believe the third party had authority, or the third party acquired the creditor's rights. However, it is NOT valid if the third party is just subrogated (meaning they took over the creditor's rights) and the debtor didn't know that.

Solidary Obligations

In solidary obligations, if one debtor fails to fulfill their part, the creditors can demand the whole amount from any of the debtors. If one debtor pays the whole amount, they can recover from the other debtors their proportionate share.

Agent's Authority and Minor's Capacity

A minor agent cannot bind the principal to a contract unless the principal ratifies the action. In this case, P is not bound by the contract since A exceeded his authority as a minor.

Obligations with Definite Periods & Loss of Subject Matter

A debtor is still obligated to pay even if the subject of the obligation (in this case, the house) is destroyed through no fault of their own. This is especially true when the obligation has a definite period and benefits both the debtor and creditor.

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Collecting Full Amount in Solidary Obligations

If a debtor fails to fulfill their obligation, the creditor can demand the entire amount from any of the debtors in a solidary obligation. The creditor doesn't need to collect a proportionate share from each debtor separately.

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Recovering from Other Solidary Debtors

If the debtor pays the entire amount in a solidary obligation, they can then recover from the other debtors their proportionate share of the debt. This includes any damages awarded by the court.

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Principal's Liability for Agent's Actions

The principal is liable for acts of their agent who acted within their authority, even if the agent is a minor. If the agent exceeded their authority, the principal is not bound.

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Liability in Solidary Obligations

In solidary obligations, the guilty debtor cannot escape the responsibility of paying damages even though they are the primary cause of the failure to fulfill the obligation.

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Dacion en Pago

When a debtor delivers a thing to the creditor as equivalent payment, extinguishing the existing debt.

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Conjunctive Obligation

An obligation where various prestations are due, but only the performance of all of them extinguishes the obligation.

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Warranty

A statement or promise by the seller regarding the quality or condition of a thing, inducing the buyer to purchase it.

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Rescissible Contracts

Contracts entered into where one party was incapable of giving consent due to being under a hypnotic spell or in a state of drunkenness.

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Void Contracts

Contracts that are null and void from the beginning, and have no legal effect.

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Solidary Creditors

When multiple debtors are liable for the same debt, any creditor can collect the full amount from any one debtor.

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Novation

A change in a previous obligation, altering its elements (e.g., the object, the debtor, or the creditor).

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Cession

Transferring ownership of a thing to the creditor as full or partial payment for a debt.

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Alternative Obligation

An obligation with several options for performance, but only one option needs to be fulfilled.

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Pure Obligation

An obligation that is immediately due and payable, without any conditions or specified dates.

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Pure Obligation

An obligation that is not subject to any condition and is immediately demandable.

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Alternative Obligation

An obligation where the performance of one prestation out of several due is sufficient to extinguish the obligation.

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Alternative Obligation

An obligation where several prestations are due, but the performance of only one is enough to fulfill the obligation.

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Loss of Prestation in Alternative Obligation

If the debtor is at fault for the loss of an object in an alternative obligation, and only one object remains, the obligation becomes simple, requiring the debtor to fulfill that remaining option.

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Loss of Prestation in Alternative Obligation

If the loss of an object in an alternative obligation is due to the debtor's fault, and two or more objects remain, the obligation still retains its alternative character.

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Loss of Prestation in Alternative Obligation

If the loss of all objects in an alternative obligation is due to the debtor's fault, the obligation is extinguished.

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Obligatory Force of Contract and Compliance in Good Faith

This principle emphasizes that parties to a contract are bound not only to their express agreements but also to all the consequences implied by good faith, custom, and law.

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Perfection of a Contract

A contract is considered perfected when there is a meeting of the minds between the parties, meaning both parties agree to the terms of the agreement.

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Effect of Offeror's Death

When the offeror dies before acceptance, the offer becomes ineffective and cannot be accepted. The contract is not perfected.

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Stages of a Contract

The stages of a contract are:

  1. Conception: Negotiations begin.
  2. Perfection: Agreement reached.
  3. Consummation: Contract is fulfilled.
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Accidental Elements of a Contract

Elements that are not essential for the validity of the contract, but are added by the parties to modify or add to the terms. These are often specific details, special conditions, or particular requirements.

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Voidable Contracts Due to Intoxication or Hypnosis

Contracts made by individuals who were intoxicated or hypnotized at the time are considered voidable. This means that the contract can be set aside by the party who was under the influence.

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Cause in Contracts of Pure Beneficence

In contracts of pure beneficence, the motivation for the contract is solely the giver's generosity, without expecting any return or reward.

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Conception Stage of a Contract

A contract is in the stage of conception when the parties are still negotiating and exploring the terms of a potential agreement.

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Merger or Confusion

Extinction of an obligation where the debtor and creditor become the same person. This merges their rights and obligations, effectively ending the debt.

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Dation in Payment

A special form of payment where the debtor delivers a different thing to the creditor, who accepts it as full payment of the debt. This must be agreed upon by both parties.

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Payment by Cession

Occurs when a debtor is in financial trouble (partial or complete insolvency) and gives up all of their property, except what's legally protected, to their creditors. These creditors then divide the proceeds amongst themselves to pay off their individual claims.

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Compensation or Set Off

Occurs when two parties owe each other money. They can cancel out their respective debts, to the extent of the smaller amount. This mutually extinguishes the obligations.

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Mora Solvendi (Delay in Payment)

When a debtor fails to pay on time, and the delay causes loss or damage to the creditor. The debtor is then responsible for the loss caused by their delay.

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Condonation or Remission

An act of forgiveness, where the creditor voluntarily chooses to release the debtor from their obligation. This can be done with or without conditions.

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Promise to Deliver Same Thing to Multiple People

This occurs when the debtor promises to deliver the same thing to two or more different people who don't share the same interest. If the thing is lost, the obligation is extinguished for all.

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Novation: Void New Obligation

When a new obligation replaces an existing one, the original obligation is revived if the new one is void.

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Novation: Condition in Original Obligation

In novation, if the original obligation had a condition, the new obligation doesn't automatically inherit it.

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Payment by a Third Party: Donation?

A third party paying a debt without the debtor's consent is considered a donation if they don't intend to be reimbursed.

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Obligation with a Period

If a debtor promises to pay "whenever his means permit him to do so," the obligation has a period, but not necessarily a specific date.

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Payment to Incapacitated Creditor

A payment made to an incapacitated creditor is only valid if it benefits them. Otherwise, it might not be enforceable.

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Application of Payment: Requirements

If multiple debts are due, you can choose which debt to pay first, but debts must be of the same kind and from the same debtor.

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Merger: Guarantor and Debtor

Merger of the guarantor with the debtor only extinguishes the secondary contract, like the contract of guaranty. The primary obligation remains.

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Payment by Third Party: Validity

If a third person pays a debt without the debtor's consent, the payment may be valid as long as the third person intended to be reimbursed.

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Study Notes

ACC 216 General Review

  • Payment by Cession: Creditors become owners of debtor's property. Payment extinguishes obligations to the extent of proceeds. Debtor must be insolvent. Affects all property except exempt from execution.

  • Dation in Payment: Delivery and transfer of ownership of a thing as performance equivalent.

  • Tender of Payment: Debtor's offer to pay.

  • Application of Payment: Obligation evidenced by a promissory note. Assignment of note, even back to original debtor (M), extinguishes obligation through compensation.

  • Contract of Sale: A principal, nominate, consensual contract.

  • Instrument Payable at a Determined Time: Instruments payable 30 days after the death of a specific person.

  • Voidable Contract of Sale: A contract of sale that ensues from violence or intimidation.

  • Offer Ineffective Before Acceptance: Instances that render offer ineffective include civil interdiction, insanity, intoxication, and insolvency of a party.

  • Payment to a Third Person: Valid payment to a third person occurs when the creditor ratifies the payment, the debtor is led to believe the third person has authority to receive payment, or a third party is subrogated to the creditor's rights.

  • Solidary Obligation: When multiple persons are bound to perform an obligation and any one can be compelled to perform it in full. If one is faulted, responsibility is shared by other parties.

  • Minor Selling Property: A contract made by a minor exceeding authorized authority is not enforceable.

  • Mortgage and Fire Damage: Loss of mortgaged property due to fire, which was not the fault of the mortgagor, does not affect the responsibility to pay the loan.

  • Characteristics of Payment by Cession: Includes multiple debts, debtor's insolvency, and the exclusion of exempt property from execution.

  • Alternative obligation: Multiple prestations are due and their performance is required to extinguish the obligation.

  • Affirmation of Fact (Warranty): A seller’s statement, an affirmation, or a promise about the product that may induce a buyer’s purchase.

  • Rescissible Contracts: Contracts entered into during a hypnotic spell or drunkenness, or to defraud creditors.

  • Compensation: Extinguishment of two obligations to the extent that they are equal.

  • Confusion: One person becomes both creditor and debtor in the same obligation.

  • Condonation: One party relinquishes a right to the other, it is gratuitous.

  • Compromise: An agreement made to settle a dispute between parties.

  • Dation in Payment vs. Sale: While both involve transferring ownership of a thing, in Dation in Payment, the transfer is to extinguish a pre-existing debt. This is different than a sale, which is to transfer ownership in exchange for payment.

  • Legal Compensation: Extinguishment of two obligations to the extent that they are equal or corresponding.

  • Special form of Payment: Dation of Payment, Cession, Tender of Payment, and Consignment.

  • Requirements of Application of Payment: debts must be due, debt must be of different kinds, one debtor, one creditor.

  • Merger/Confusion: One person becomes both creditor and debtor regarding the same obligation.

  • Loss of a Determinate Thing: When the loss of a determinate thing extinguishes an obligation is determined by the circumstances in relation to the obligation and the contractual agreements; including risk-assumption and agreed-upon terms.

  • Compensation: When two parties owe each other sums of money, the amounts are offset against each other.

  • Suspensive Condition: When the obligation depends on an event that has not yet occurred in the future.

  • Resolutory Condition: A contract where the parties are obligated until a specific event happens, and at that point, the obligation ceases.

  • Effect of Loss of Prestation: Consequences for the loss of a prestation (or object intended to be delivered) caused by the debtor.

  • Solidary Obligation: Multiple persons obligated are jointly or severally responsible for the obligation; any one can be compelled to perform it in full.

  • Joint Obligation: Multiple parties jointly obligated, with all required to perform the obligation.

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ACC 216 Oblicon Notes PDF

Description

Test your knowledge on the various forms of payment methods and obligations in contract law. Explore key concepts such as cession, dacion en pago, and compensation. This quiz is essential for understanding critical legal principles in financial obligations.

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