Question
34. On January 5, 2020, D obtained a P100,000 loan from C. The loan is payable on December 31, 2020 and secured by a chattel
34. On January 5, 2020, D obtained a P100,000 loan from C. The loan is payable on December 31, 2020 and secured by a chattel mortgage on D's car. On November 26, 2020, the car was taken at gunpoint from D while at the SM parking lot.*
(A) D's loan obligation is extinguished. However, D must give a property which C may sell to satisfy his claim.
(B) D's loan obligation subsists. However, C may demand its immediate payment unless D gives another security.
(C) D's loan obligation subsists. However, C may not demand immediate payment since the loss of the security was without the fault of D. D, moreover, is not required to give a new security.
(D) D's loan obligation is extinguished together with the mortgage since the loss of the car was without the fault of D.
Brief explanation will help, thanks!
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started