Human Relations

Question 1

A right, though by itself legal because recognized or granted by law as such, may become the source of some illegality

Answer 1

Art. 19, Abuse of Right

Question 2

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Answer 2

-

Question 3

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Answer 3

-

Question 4

Requisites of Abuse of Right?

Answer 4

LBBPA.
There is a Legal Right or duty;
Such duty exercised in Bad Faith;
Sole intent of Prejudicing or injuring another; and
Abense of good faith (essential)

Question 5

What is damage without injury?

Answer 5

Principle of Damnum Absque Injuria

Question 6

What is Injury?

Answer 6

the illegal invasion of a legal right

Question 7

What is damage?

Answer 7

the loss, hurt, or harm which results from the injury

Question 8

What is damages?

Answer 8

the compensation awarded for the damage suffered

Question 9

Is there a damage without injury in case of loss or harm as a result of a violation of a legal duty?

Answer 9

No

Question 10

Art. 19?

Answer 10

Abuse of right and rule of conduct in human relations.

Question 11

Art. 20 of the NCC?

Answer 11

Action for damages and general sanctions for all other laws with no sanctions; wilful and intentional to injure;

Question 12

Art. 21 of the NCC? Requisites?

Answer 12

(1) Act which is legal but; (2) contrary to morals, good custom, public order and public policy; (3) done with intent to injure

Question 13

T & F. There is no civil liability in moral negligence? Fails to render assistance to a drowning person; not unless proven proven beyond reasonable doubt/established propenderance of evidence.

Answer 13

True

Question 14

Is breach to marry actionable wrong?

Answer 14

No. There’s no provision in NCC that states so.

Question 15

Acts against akin to breach to marry pursuant to Art. 21 where damages can be recovered?

Answer 15

Moral Seduction;
Formally sets a wedding (spend) and publicly announced only to walked out when the matrimony was about to be solemnized;
Accused promise to marry his rape victim to avoid penalty but later reneged.

Question 16

woman give unto sexual congress because of Promise to marry explain why award of damages is justifed pursuant to Act. 21?

Answer 16

promise to marry was fraud or deciet to give unto sexual congress; wilful injury to her honor and reputation; and injury commited in a manner against Act. 21.

Question 17

what is Unjust enrichment

Answer 17

No one shall unjustly enriched himself at the expense of another.

Question 18

Requisites of Unjust Enrichment?

Answer 18

(1) Someone acquires or comes into possession of “something”; and
(2) without any just or legal ground

Question 19

What is Accion In Rem Verso?

Answer 19

It is the remedy for unjust enrichment.

Question 20

Explain Prejudicial Question

Answer 20

(1) civil case is related to the criminal case;
(2) resolution of civil case determines the results in criminal case; and
(3) civil case is in another tribunal.