DIFFERENT KINDS OF OBLIGATIOMNS (Alternative Obligations)

I.

1. What are the limitations on the right of choice of the debtor in alternative obligations? Kindly illustrate one such limitation.

2. Give the situation when the debtor is given the option either to exercise his right of choice or to rescind the contract with damages.

3. State the legal effects in case:

(a) some of the objects of the obligation are lost through the fault of the debtor who has the right of choice;

(b) all are lost through his fault

II. Explain or state briefly the rule or reason of the answer.

1. D (debtor) borrowed P10,000 from C (creditor). It was agreed that D could pay P10,000 or deliver his piano on August 22. On August 20, D informed C that the former would deliver his piano. Can D still change his period considering that he was given the right of choice?

2. Under a contract, X (obligor) promised to deliver to Y (obligee) item one, or item two, or item three. Y was given the right to choice. What is the liability of X in case, through his fault:

(a) item two is lost or destroyed;

(b) all the items are lost or destroyed?

3. S (seller) sold his TV set to B (buyer) who gave S the option to deliver instead his refrigerator. Is S liable to B in case the TV is lost through S's fault?