Question
A is obliged to give B this car or this ring or this cigarette case. Nothing is said in he contract as to who was
A is obliged to give B this car or this ring or this cigarette case. Nothing is said in he contract as to who was given the right of choice. Suppose B selects the car, is A bound by the choice made?
ANSWER:
3. A borrowed money from B. it was agreed that at the maturity of the debt, A will give B either the sum lent or a particular house and lot. Is this stipulation valid?
ANSWER:
4. A insured his house with B, an insurance company. The contract stated that if the house is damaged or destroyed, B may either pay for the damage or have the house rebuilt in a sufficient manner. Is this an alternative obligation?
ANSWER:
5. D is obliged to give C, at Ds option, either object No. 1, object No. 2 or object No. 3. If all objects were lost thru Ds fault, the value of the last thing lost with damages must be given to C. This is because if objects Nos. 1,2, and 3 disappeared in that order, upon the loss of objects 1 and 2, the obligations were converted into a simple one, namely to give object No. 3. Thus, it is object No. 3s value which should be taken.
a. In the above example, if objects nos. 1 and 2 were destroyed by a fortuitous event, and later object no. 3 is destroyed by Ds fault, would D be liable?
ANSWER:
b. If instead, objects nos. 1 and 2 were destroyed by Ds own fault, and later objects no. 3 is lost by a fortuitous event, should D be held liable?
ANSWER:
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