OBLIGATION

Question 1

CHOICE OF INJURED PARTY

Answer 1

1. The injured party may choose between:
2. The right is alternative.
3. The right is not conjunctive, that is, the plaintiff cannot ask for BOTH remedies.
4. The injured party who has elected fulfillment may, if fulfillment be impossible, still ask for rescission (provided that rescission is otherwise proper).

Question 2

1. The injured party may choose between:

Answer 2

a. fulfillment (specific performance) plus damages;
b. or rescission plus damages.

Question 3

One party violated his obligation; subsequently, the other also violated his part of the obligation. In this case, the liability of the first infractor should be equitably reduced.

Answer 3

First infractor known

Question 4

One party violated his obligation followed by the other, but it cannot be determined which of them was the first infractor. The rule is that the contract shall be deemed extinguished, and each shall bear his own damages.

Answer 4

First infractor cannot be determined

Question 5

Certain length of time which determines the effectivity or the extinguishment of obligations.

Answer 5

PERIOD