Quiz 2

FALSE

If the obligor has promised to deliver the same thing to two or more persons, he shall be responsible for any fortuitous event until he has effected the delivery.

FALSE

If a person obliged to do something fails to do it, he can be compelled to do it. 

FALSE

If the obligor has promised to deliver the same thing to two or more persons, he shall be responsible for any fortuitous event until he has effected the delivery.

FALSE

If a person obliged to do something fails to do it, he can be compelled to do it. 

FALSE

Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them fulfillment of their obligation. → exceptions

FALSE

Consent is one of the essential elements of obligation. → bc there are obligations that dont give consent (quasi contracts)

FALSE

If the law does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. → kasi meron pang law at stipulation

FALSE

When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunrise to sunset.

FALSE

The sources of obligations enumerated in Art. 1157 of the NCC is not exclusive. → exclusive yun

FALSE

A thing is indeterminate if it is not physically segregated from all others of the same class. → particularly and physically

FALSE

No person shall be responsible for those events which could not be foreseen, or which though foreseen, were inevitable

FALSE

In obligations with a term, the obligation arises upon the arrival of the period.

FALSE

Solutio indebiti is a contract.

TRUE

As a rule, the creditor has a right to the fruits of the thing from the time the obligation to deliver it arises.

TRUE

The creditor acquires real rights over the thing from the moment the thing is delivered and not from the time the obligation to deliver it arises.

TRUE

Efficient cause is the legal or juridical tie which binds the parties to the obligation.

TRUE

In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation.

c. The time the obligation to deliver the thing arises

The creditor has the right to the fruits of the thing from: 

a. The time the fruits are delivered 

b. The time the contract is perfected 

c. The time the obligation to deliver the thing arises

d. The time the thing is delivered 

b. Seller, because the fruit arose before the obligation to deliver arises. 

In a contract of sale of a specific carabao, the seller was obliged to deliver the animal on December 31, 2003. In November 2003, the carabao had an offspring. The offspring belongs to:

a. Seller, because the sale is already perfected prior to its truth. 

b. Seller, because the fruit arose before the obligation to deliver arises. 

c. Buyer, because the fruit arose after the perfection of the contract. 

d. Buyer, if he pays the purchase price. 

a. The law expressly so provides 

A borrower who delays the return of the thing borrowed shall be liable for its loss even in case of fortuitous event, because:

He is required to exercise extraordinary diligence 

a. The law expressly so provides 

b. The parties have expressly stipulated such liability 

c. The nature of the obligation requires the assumption of risk 

d. The thing is generic 

a. The period for performance has been fixed in the obligation 

Demand is not necessary to constitute the debtor in default in the following cases, except:

The law so provides 

a. The period for performance has been fixed in the obligation 

b. Demand would be useless 

c. The period is the controlling motive for the creation of the obligation 

d. None of the above 

a. Aurora is liable for damages because she was in default at the time of the loss. 

On October 6, 2010, Aurora obliged herself to deliver to Corita 100 cavans of corn in her warehouse on the last day of the month. On November 1, 2010, Corita orally demanded for the delivery of the 100 cavans of corn but Aurora failed to comply. The next day, a flood damaged 100 cavans of corn stored in the warehouse of Aurora.

a. Aurora is liable for damages because she was in default at the time of the loss. 

b. Aurora’s obligation to deliver the 100 cavans of corn to Corita was extinguished, the cause of the loss being a fortuitous event, exempting her from liability for damages 

c. Aurora’s obligation to deliver 100 cavans of corn to Corita was not extinguished because an oral demand is not a valid demand. 

d. Aurora’s obligation to deliver 100 cavans of corn to Corita was not extinguished because of the nature of the goods to be delivered

e. Determine thing 

It is a thing that is particularly designated or physically segregated from all others of the same class.

a. Generic Thing 

b. Indeterminate thing 

c. Real thing 

d. Personal 

e. Determine thing