Obligations 2 Flashcards
An order or regularity in nature by which certain results follow certain causes
a. Natural law
b. Moral law
c. Physical law
d. State law
c. Physical Law
Percy Jackson obliges himself to deliver a book to Annabeth Chase. What can make Annabeth compel Percy to comply with the obligation?
a. Juridical necessity
b. Natural law
c. Civil obligation
d. Quasi-contract
a. Juridical necessity
i) a thing is said to be specific when it is particularly designated or physically segregated from all others of the same class.
ii) a specific thing is identified only by its specie.
iii) there can be no loss of a specific thing
Which is correct?
a. True, true, false
b. True, false, true
c. True, true, true
d. None of the above
d. None of the above
Statement I - True
Statement II - False (not necessarily by its specie)
Statement III - False (there can be a loss of specific thing)
Luke bought from Percy a mango farm for P200,000 payable immediately. The parties however agreed that delivery thereof will take place on December 1. One month after full payment, the farm already has fruits ready for harvest. Can Luke harvest the mangoes?
a. Yes, for he had already paid the whole contract price
b. No, since Percy is still the owner of the mango farm
c. Yes, since ownership of the farm means ownership of the mangoes
d. None of the above
d. None of the above
Sharpay bought a specific watch from Monique for P1,000. Aside from the watch itself, it also has five watch straps of different colors specific to it. At the time of delivery, Monique only delivered the watch minus the five extra straps. Can Sharpay compel Monique to deliver the extra watch straps?
a. No, since there was no mention in the contract that the extra watch straps are included in the sale
b. Yes, but Sharpay would have to pay an extra price for the additional straps
c. Yes, for the extra straps are accessories and as such, would have to be delivered together with the specific thing
d. None of the above
c. Yes, for the extra straps are accessories and as such, would have to be delivered together with the specific thing
Selena obliges herself to deliver to Demi a pink bag and Demi to pay the price therefor. A month thereafter, Selena had not yet complied with the obligation. On the second month, Demi made a demand although she herself is not yet willing to pay the price. Is Selena considered in legal delay?
a. No, since Demi herself is also not ready to comply with her obligation
b. Yes, Selena is considered in legal delay the moment demand was made
c. Yes, Selena is in legal delay the moment she failed transfer to Demi the ownership of the bag within a reasonable time
d. No, for the demand would only be useless
a. No, since Demi herself is also not ready to comply with her obligation
Taylor obliges herself to deliver to Selena a specific watch in two weeks’ time. Taylor also obliges herself to deliver the exact same watch to Miley on September 1, 2022. Three days later, during a thunderstorm, the watch was struck by lightning. Is there extinguishment of Taylor’s obligation?
a. Taylor’s obligation was extinguished as the prestation is a specific thing
b. Taylor’s obligation is not extinguished for she promised to deliver the exact same thing to two persons who do not have the same interest
c. Taylor’s obligation is not extinguished for she can deliver another watch of the same kind and quality
d. Taylor’s obligation was extinguished as the watch is already considered lost
b. Taylor’s obligation is not extinguished for she promised to deliver the exact same thing to two persons who do not have the same interest
Nikki loaned P500 from Abby and promises to pay her when she already has the means to do so. What kind of obligation is entered into by Nikki?
a. Pure obligation
b. Obligation with a period
c. Conditional obligation
d. Void obligation
b. Obligation with a period
Maya obliges herself to deliver to Richard a chocolate cake if Abby would want her to. Richard states that Maya’s obligation is demandable for the fulfillment thereof would depend upon Abby and not Maya. Is Richard correct?
a. No, since the condition is potestative in nature
b. Yes, although it would also need the consequent approval of Maya
c. Yes, since the fulfillment of the condition depends upon the will of Abby
d. No, since the fulfillment thereof depends upon chance, which is the approval of Abby
c. Yes, since the fulfillment of the condition depends upon the will of Abby
On August 1, 2022, Luke obliges himself to deliver to Niccolo a mango farm on November 20, 2022. On the same date, Niccolo also obliges himself to deliver a coconut farm to Luke on November 30 of the same year. In the meantime, Luke was able to harvest mangoes from the farm and Niccolo, coconut from his farm. On the due date, what should each deliver to the other?
a. Luke must deliver the farm and mangoes to Niccolo, and Niccolo must deliver the farm and coconut to Luke
b. Luke must deliver the farm and the value of the mangoes, and Niccolo the farm and the value of the coconut
c. Luke must deliver the farm and interest for the mangoes, and Niccolo must deliver the farm and interest for the coconut
d. Luke must deliver the mango farm and Niccolo must deliver the coconut farm
d. Luke must deliver the mango farm and Niccolo must deliver the coconut farm
Sophia obliges herself to deliver to Marlina a yellow watch on October 1, 2022. For whose benefit was the period as established in the contract?
a. For Sophia, the debtor
b. For Marlina, the creditor
c. For Marlina and Sophia
d. None of the above
c. For Marlina and Sophia
Mia obliges herself to deliver to Maya a basket of flowers, or P10,000, or her antique watch. Three days before the due date, the flowers wilted and the P10,000 were spent on a shopping spree. If Maya is given the right of choice, what are her options?
a. She can choose from any of the alternative prestations
b. She can only choose the watch
c. She can choose either the watch or the P10,000 since Mia can have other P10,000
d. She can choose to cancel the obligation
a. She can choose from any of the alternative prestations
Mia obliges herself to deliver to Maya a stone from Olympus, or water from the moon, or her antique lamp. A day before the delivery, a lightning struck the antique lamp. What can be said of the obligation?
a. The obligation is extinguished in its entirety
b. The alternative obligation will be converted into a simple one
c. Maya can demand the stone from Olympus
d. Mia may choose to deliver the water from the moon
a. The obligation is extinguished in its entirety
Shakira obliges herself to deliver her antique watch to Michelle, or in substitution, to compose a new song for her. One day, on a hiking trip, a slight tremor caused Shakira’s antique watch to fall into the crater of an active volcano. Shakira can still see the watch and it is still in mint condition. What can be said of the obligation?
a. The facultative obligation is transformed into a simple one
b. Michelle can ask Shakira to pay her the value of the watch
c. Shakira will have to compose a song for Michelle
d. The obligation is extinguished
d. The obligation is extinguished
One where solidarity is agreed upon by the parties
a. Conventional solidarity
b. Legal solidarity
c. Active solidarity
d. Contractual solidarity
a. Conventional solidarity
