St.

Mary’s College of Meycauayan

COLLEGE DEPARTMENT
Second Semester, AY 2018-19
Pre-Final Exam/ Revalida Exam
BA 2 (Law on Obligations and Contracts)

Name: De Vera, Jerrylyn S. Date: March 17, 2020

Course: BSBA - 2

INSTRUCTION: Answer each question briefly and concisely. I do

not need long and novel answers without legal basis. Your
grades will depend on the following criteria: Logic, Legal
Basis and Proper Grammar.Since this is an open final exam, I
will be VERY STRICT in checking.

1. Identify what is the status of the contract in the

following cases and give a brief explanation of your
answer.

1.1

1.2

1.3

1.4

1.5

1.6

1.7

2. A cannot reform the decision to give 25% of his

property to his friend due to the reason that the
only way that the instruments can be reformed if
there is a meeting of the mind, also if the true
intention is not properly shown and also for the
reason of mistake, accident, fraud, or inequitable
conduct. (Art. 1359)

3.

3.1) The effect of Marvin’s offer is it cannot be

accepted by Carlos because it is cancelled before the
due date comes and still there is no acceptance from
Carlos so it is okay to withdrawn the offer as long
as it is communicated.

3.2) No, because based on Article 1324 when the

offerer has allowed the offeree a certain period to
accept, the offer may be withdrawn at any time before
acceptance by communicating such withdrawal, except
when the option is founded upon a consideration, as
something paid or promised.

3.3) There would be a perfection of contract if

Carlos already accepted the offer before the
withdrawal. The consequences is to comply to their
liabilities or stipulation or if Marvin continued the
withdrawal he has to pay for damages.

4. The statement is silent so I presumed that it is

Joint obligation. If it is joint liability the whole
obligation will be fulfilled proportionately by A, B
and C. The creditor cannot ask for the whole payment
for C since it is joint but if is solidary the
creditor can ask C for the whole payment of the
obligation since they are friends and they borrowed
it together

5.

5.1
5.2

6. The consignation is not valid since there is no

tender of payments. Tender of payment is needed
before filing consignation. The requisites or
following cases in article 1256 must be present to
file a valid consignation.

7. The obligation is not dismissed by novation as

mere payment does both imply a substitution of the
debtor and acceptance of such substitution by the
creditor.
8.

9. In this case there is no meeting of minds because

there is no price that given. If there is no given
price then there is also no offer because it is
incomplete.

10.

11. The condition of Juan Tamad is suspensive in

nature and it only depends upon his sole. It is
potestative which means the conditional obligation of
Juan Tamad to Karen and Korina is void because its
validity and compliance depends to Juan Tamad and it
cannot be easily demanded.

12.

13.

14. Demand is unnecessary to incur delay as Pancho

has become a creditor of the partnership when he
failed to deliver the promised sum of money on the
designated date, making him liable for the amount he
owes to the partnership and any interest it may
incur.

15.