Unless the law or the stipulation of the parties requires another standard of care, the obligation to give a thing carries with it the obligation to take care of it with
7. Obligations and Contracts

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University
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Medium
Czyrean Oatemar
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20 questions
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1.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
Extra-ordinary diligence
Degree of care agreed upon by the parties
Diligence of a Good Father of a Family
Diligence of a Good Family of a Father
Answer explanation
Article 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1094a)
2.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
When a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority where reimbursement must be made for necessary and useful expenses
Quasi-contract
Quasi-delict
Negotiorum gestio
Solutio indebiti
Answer explanation
Article 2144. Negotiorum gestio is the voluntary management of the property or affairs of another without the knowledge or consent of the latter.
3.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by
Assignment of property
Consignation of the thing or sum
Adjudication or dacion en pago
Due
Condonation
Answer explanation
Article 1256. If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be
released from responsibility by the consignation of the thing or sum due.
4.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
A obliged himself to pay B P100,000 in 30 days plus a penalty of P10,000 if A fails to pay the obligation in due time. A failed to pay the obligation in 30 days, B can demand from A
The principal of P100,000 plus P10,000 penalty
The principal of P100,000 plus P10,000 penalty plus legal interest
The principal of P100,000 plus P10,000 penalty, plus legal interest, plus damages
The principal of P100,000 plus legal interest, plus damages
Answer explanation
Article 1226. In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance, if there is no stipulation to the contrary. Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation.
5.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
The following are the requisites of an obligation, except
Passive subject, debtor or obligor
Efficient cause
Active subject, creditor or obligee
Demand
Answer explanation
Article 1156. Elements of an obligation
1) Vinculum juris or juridical tie (also called as efficient cause)
2) Object or prestation (subject matter of the obligation)
3) Passive subject- Debtor or obligor
4) Active subject- Creditor or Obligee
6.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
Which of the following is not a remedy of a creditor if there was failure to deliver an indeterminate thing?
Rescission of the contract
Recover damages
Compel delivery of a thing of superior quality than what was agreed
Ask that the obligation be complied with at the expense of the debtor
Answer explanation
Remedies of the creditor in the case the debtor fails to comply with his obligation to deliver an indeterminate or generic thing
✓ Action for specific performance with damages.
✓ He may ask the obligation to be complied with by a third person at the expense of the debtor with damages.
7.
MULTIPLE CHOICE QUESTION
30 sec • 1 pt
If through the creditor's acts the debtor cannot make a choice according to the terms of the alternative obligation, the debtor may:
Rescind the contract
Rescind the contract with damages
Rescind the contract or ask for damages, at the debtor's option
All of the above
Answer explanation
Art. 1203. If through the creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages. (n)
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