1. a.
true, true
- Obligations arising from contracts are indeed treated as having the force
of law between the parties, and compliance in good faith is required. A
determinate thing lost due to a fortuitous event extinguishes the obligation,
as there is no fault on the part of the debtor.
2. b. determinate thing
- A determinate thing is specifically designated and distinguishable from
others in its class.
3. b. diligence of a good father of the family
- This phrase refers to the standard of care that a prudent person would
take in managing their own affairs.
4. d. natural fruit
- Natural fruits are the products of the soil and the offspring of animals
without human intervention.
5. a. industrial fruit
- Industrial fruits result from labor and cultivation, like crops produced by
farming.
6. b. civil fruit
- Civil fruits come from legal relations, such as rental income or lease
payments.
7. b. Accessions
- Accessions are the natural or artificial products of a thing and are
generally included in the obligation to deliver that thing.
8. Sources of obligations: quasi-delict (tort) due to reckless driving.
- Defense of the employer: The employer might argue due diligence in
hiring and supervising the driver.
9. No, delay is not possible in obligations not to do.
- Obligations not to do involve refraining from an action, so delay is not
applicable.
10. a. Quasi contract
- A quasi-contract is based on the principle of preventing unjust
enrichment.
11. d. Pre-existing contract
- Quasi-delict does not involve a pre-existing contract, but rather
negligence leading to damage.
12. b. the obligation to deliver the thing arises
- The creditor has the right to the fruits from the time the obligation to
deliver the thing arises.
13. b. mistake
- A debtor is not liable for damages due to a mistake, but is liable for
default, negligence, or breach of contract.
14. c. Compensatio morae
- This term refers to mutual delay by both debtor and creditor in reciprocal
obligations.
15. b. Obligation was performed at maturity date
- Mora solvendi involves failure to perform an obligation, not the correct
performance.
16. b. fraud
- Fraud involves intentional evasion of obligation performance.
17. d. Debtor contributed to the aggravation of the injury to the creditor
- For a fortuitous event to exempt a debtor from liability, the debtor must
not have contributed to the injury.
18. d. cannot be judicially enforced but authorizes the oblige to retain the
obligor’s payment or performance
- Natural obligations cannot be enforced in court but payments made in
fulfillment of these obligations can be retained.
19. d. Consideration
- Consideration is a common law concept not required in civil law
jurisdictions like the Philippines, where obligations require a juridical tie,
active subject, and passive subject.
20. d. solutio indebiti
- Solutio indebiti refers to the return of payment made by mistake for an
obligation that was not due.
21. b. quasi-delict
- A quasi-delict, or culpa aquiliana, is a tort based on negligence without a
contractual relationship.
22. a. indeterminate thing
- An indeterminate thing is not specifically designated or segregated from
others of its kind.
23. a. true, true
- Contracts create obligations enforceable by law, and the loss of a specific
thing by a fortuitous event extinguishes the obligation.
24. b. diligence of a good father of the family
- This is the standard of care expected in handling the thing while awaiting
delivery.
25. b. personal right
- A personal right is enforceable by one person against another.
26. d. real right
- A real right is enforceable against the world, such as ownership or
possession of a specific thing.
27. c. true, false
- The debtor must deliver the thing’s accessions and accessories, even if
not mentioned.
28. d. the creditor may compel delivery plus damages
- The creditor has the right to demand both delivery and damages for non-
performance.
29. c. damages
- Damages refer to the monetary compensation recoverable for harm
done.
30. a. true, true
- Fraud must be committed during performance to be liable for damages,
and incidental fraud occurs during the performance of the obligation.
31. b. negligence
- Negligence is the failure to observe the degree of care expected, causing
injury to another.
32. b. false, false
- If the law or contract does not specify the diligence required, the
standard is the diligence of a good father of the family, not that no diligence
is required or that extraordinary diligence is required.
