Quiz #2: Nature and Effect of Obligations

Question 1

True or False

Liability for fraud is demandable in all obligations. Liability for negligence is demandable in all obligations, but the liability may be mitigated or reduuced depending on the circumstances.

Answer 1

True

Question 2

True or False

In an obligation to give a thing, it is important to determine whether the thing is specific or generic. If the thing is generic, it means that the Creditor can still requuiew another person to deliver the thing to him, with the cost chargd to the Debtor. The obligation to give a generic thing is also not extinguished even if a fortuitous event occurs.

Answer 2

True

Question 3

Which one is considered fraud?

a. Frank paid Joey for denorado rice. Joey delivered NFA rice.
b. Tom told Carla he still loves her even though he also has another friend named Toni.
c. Mayoral candidate Al Bing Leonitez promised to solve the flooding problem of Bacolod City in 3 to 6 months.
d. Bong made Sara sign a lease contract which turned out to be a sale contract.

Answer 3

a. Frank paid Joey for denorado rice. Joey delivered NFA rice.

Question 4

True or False

The Creditor, Debtor or both can guilty of delay or legal default.

Answer 4

True

Question 5

Which statement is incorrect?

a. There is no need for Juan to make a demand from Pedro if Pedro fails to deliver the “Happy 20th Birthday Juan!” shirts to Juan on September 8, 2021, the date of Juan’s 20th birthday.
b. A scheduled brownout is a fortuitous event.
c. The Creditor must make a demand on the Debtor in order to put the Debtor in delay.
d. Delay is a violation of the obligation. It is a breach of the obligation.

Answer 5

b. A scheduled brownout is a fortuitous event.