BL - Homework No. 4

Homework No. 4 Instruction: Encircle the best answer. 1. Demand is not required in order for delay to exist in the following cases, except when: a. Time was a controlling motive for the establishment of the contract. b. Demand is useless, c. The law or the obligation expressly provides that demand is not required. d. The oblgation is silent as to whether demand is required or not for the performance of the obligation. 2. These statement concerning delay are presented to you: 1. There is no delay in obligation not to do. II. As a rule, the debtor will be in default if he does not perform his obligation on due date. In your evaluation of the following statement: a. Both statements are true b. Both statements are false. C. Only statement is true. d. Only statement II istrue. 3. The delay on the part of the debtor in an obligation to give is known as: a. Mora solvendi ex re. b. Mora solvendi ex persona. c. Mora accipiendi, d. Compensation morae. 4. Dis obliged to deliver a specific cell phone to C at the latter's residence on March 1, 2015. On March 1, 2015, C waited at his residence for the delivery of the cell phone but D did not deliver. On March 2, 2015, the cell phone was destroyed in a fire that razed the store of D. a. D will be liable for damages to C. b. D was already in default at the time of the loss of the cell phone. c. D's obligation is extinguished. d. No demand was required to be made by C upon D for the latter to be in default because a date was provided for the performance of D's obligation. 5. P called ABC Travel Agency (ABc) to book him for a flight to Davao City on April 30, 2015 at 5:00 p.m. P informed ABC that he was the scheduled guest speaker at the Accounting Convention on May 1, 2015 at 9:00 a.m. and that he had to be in Davao City in the evening of April 30 in time for the convention. Per agreement, ABC would deliver the plane ticket at the Manila Domestic Airport at 3:00 p.m. of April 30, at which time Pwould pay the cost of the plane ticket as has been their usual agreement since P was a regular customer of ABC. On April 30, P waited at the airport at the time agreed upon but no representative of ABC came to deliver the