1. Define Obligation as provided in the Civil Code. (5] 2. Tatum obliged himself to deliver his red swatch watch to Kobe. Both Tatum and Kobe agreed that the former must observe and take care of the said watch with extraordinary diligence of a good father. Upon delivery of the said watch, however, Tatum only took care of the said watch with the proper diligence of a good father of a family contending that such is the degree of diligence required of him by law. Is Tatum correct? (10 pts) 3. Trae Youngster and Chicken Curry loaded their respective cargoes on board Dicta Laysen's vessel for carriage from Manila to Negros Occidental. Upon arrival of the vessel at the place of destination, the cargoes were discharged, complete and in good order, into the warehouse of the Bureau of Customs. After Chicken Curry had taken delivery of apportion of his cargoes, the warehouse was rated by fire of unknown origin, destroying the rest of the cargoes. Trae Youngster and Chicken Curry filed their claims from Dicta Laysen for the recovery of the value of the goods destroyed by fire. Is Dicta Laysen liable? (10I ptS} 4. Spouses James Red and Nadine Lus Red {Spouses Red} contracted the services of Goku who represented himself as a surveyor to conduct a survey of a lot owned by the former. As Spouses Red wanted to enclose their property, they again procured the services of Goku in order to determine the exact boundaries of the same by which they will base the construction of their perimeter fence. Consequently, Goku placed concrete monuments marked RS. on all corners of the lot which were used as guides by Spouses Red in erecting a concrete fence measuring about eight [8] feet in height and cost them a certain sum of money. However, after sometime, a complaint was lodged against Spouses Red before the barangay on the ground that the nOIthern poItion of their fence allegedly encroached upon a designated rightofway. Upon verification with another surveyor, Spouses Red found out that their wall indeed overlapped the adjoining lot. They also discovered that it was not Goku but his wife Chichi, who is a licensed geodetic engineer. ls Goku liable to pay damages to Spouses Red? (10 pts) 5. Recca, Eugene, and Con (lessees) were the lessees of the premises originally owned by Trunks. The lessees paid their rentals to a collector of Trunks, who went to their premises monthly. In 20 10, however, Trunks sold the property to Madam Kilay. Just the same, the lessees continued to pay their monthly rentals to a collector sent by the Madam Kilay. For three months, however, the lessees failed to pay their rentals because no collector came. They then contacted Madam Kilay over the telephone as to where they should pay their rentals. Madam Kilay then told them that she would send a collector to collect the rentals. The lessees waited but no collector came. Madam Kilay then sent a letter to the lessees demanding them to vacate the subject premises and to pay their unpaid 3month rentals within 15 days from the receipt thereof. With this, the lessees, immediately upon the receipt of such demand, tendered their payments which were accepted by Madam Kilay with the condition that the acceptance was without prejudice to the ling of ejectment suit. For failure of the lessees to vacate the premises as demanded, Madam Kilay led an ejectment suit against them. Are Recca, Eugene, and Son, in default and, as such, liable to Madam Kilay? (10 pts]
