Question
1. A and B are joint creditors mancomunados of X and Y, joint debtors for a total sum of P 9,000. A owns 1/3 of
1. A and B are joint creditors mancomunados of X and Y, joint debtors for a total sum of P 9,000. A owns 1/3 of the credit and B owns 2/3 of it. But X owns 2/5 of the debts. In this case:
a. B can only collect from X, P 5,400 and from Y P 3,600
b. A can only collect from X, P 4,500 and from Y, P 4,500
c. A can only collect from X, P 3,600 and from Y, P 5,400
d. B can only collect from X, P 9,000 and from Y P 0
2. A borrower who uses the thing for the purposes different form that intended delays its return, receives the thing under appraisal, lends it to a third person or saves his property instead of the thing borrowed shall be liable even in the case of fortuitous event, because:
a. the nature of the obligation requires assumption of risk
b. the parties have expressly stipulated such liability
c. the law expressly so provides
d. answer not given
3. Marin will deliver the machinery to Ondoy upon his receipt of the same machinery from Lulu, who in turn will ship the same from Japan.
a. mixed
b. casual
c. potestative
d. facultative
4. Choose a statement which is true
a. A condition is characterized by futurity and certainty
b. The happening of the suspensive condition gives rise to the demandability of the obligation
c. A past event unknown to both parties may be subject of a condition
d. A past event known to both parties may be the subject of a condition
5. If the obligation of Mr. Xander is to deliver a diamond ring, he will be liable for ___ fraud if he delivers a ring with a stone representing to the creditor that it is a diamond when in fact he know that the stone was just made of glass.
a. causal fraud
b. dolo
c. simple fraud
d. dolo incidente
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