Quiz #3: Alternative vs Facultative Obligation Flashcards

1
Q

True or False

There is only one obligation in an alternative obligation.

A

True

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2
Q

True or False

In facultative obligations, the Debtor has the right to choose from the different prestations. In certain instances, the right of choice can be given to the Creditor provided such right is expressly granted by the Debtor.

A

False

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3
Q

The loss of the substitute prestation through the fault of the Debtor shall entitle the Creditor to damages

a. True all the time
b. Sometimes true
c. False all the time

A

a. True all the time

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4
Q

True or False

In an alternative obligation, the right of choice belongs to the Debtor but the Debtor can expressly grant the right to the Creditor. In very limited instances and subject to observance of the relevant laws, the Debtor and Creditor can jointly share in the right to choose the prestations.

A

False

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5
Q

Which is true?

a. The choice must be communicated by Debtor to Creditor.
b. Once communicated, the obligation ceases to be alternative.
c. Once communicated, the obligation becomes a simple one.
d. All of the above.

A

d. All of the above

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6
Q

True or False

A debtor is free to choose any prestation, without any limitation.

A

False

  1. The Debtor shall have no right to choose those prestations which are impossible, unlawful, or which could not have been the object of the obligation.
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7
Q

Which is not an alternative obligation?

a. Chizper will deliver the van or clean the house or build the treehouse.
b. Kim can either cook pasta arabiatta or order mozzarella burger from Cafe Breton.
c. Franklin agrees with Dick that Franklin will punch Blingblong or repair the inner core of the Earth using Wuhan as the entry point or remove a giant blackhead from the President’s nose.

A

c. Franklin agrees with Dick that Franklin will punch Blingblong or repair the inner core of the Earth using Wuhan as the entry point or remove a giant blackhead from the President’s nose.

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8
Q

Which is not a facultative obligation?

a. JV will give Jinggoy the wheelchair or as a substitute for the wheelchair, the ipad.
b. Marcos will give Leta the ivermectin pills or as a substitute for the ivermectin pills, a box of Pharmally face shields.
c. Boying will sell his vote to Hariruki or as a substitute for selling his vote, give Hariruki a swedish massage.

A

c. Boying will sell his vote to Hariruki or as a substitute for selling his vote, give Hariruki a swedish massage.

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9
Q

Bing promised to Calbee that he will deliver two horses or build two carts. Bing delivered one horse and one cart and told Calbee to have fun riding the cart. Is there valid performance of the obligation?

a. Yes
b. No
c. None of the Above

A

b. No

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10
Q

Which statement is true?

a. If the Debtor loses one of the prestation through a fortuitous event, the Creditor can choose from the remaining prestations.
b. If the Debtor loses one of the prestations through his fault, the Creditor may choose from the remaining prestations or choose the price of the one that was lost, with damages.
c. If the Debtor lost all the prestations through his fault, the Creditor can choose the price of any one of the lost prestations, with damages.
d. All of the above.

A

d. All of the above.

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