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OBLIGATIONS AND CONTRACTS

1.Under Article 1156, the parties to an obligation may not agree on any prestation (may it be to deliver a thing, perform a task or not performa task). What are the limitations in terms of what can be the object of obligation. Discuss your answer.

2.Rudy was obliged to deliver as specific e-jeep to Len-len if she passes the 2020 bar examination. If the bar examination is postponed because of the pandemic, will Rudy be obliged to deliver the e-jeep to Len-len.

a)Is the obligation extinguished? Discuss your answer

b)Is the condition here a 'resolutory condition'? Discuss your answer

3.Kat, buyer, and Sam, seller, agreed on a contract of sale of a 2021 edition of Macbook Air color space gray with serial number IBM1234OPPO for PhP 50,000.00 to be delivered on May 1, 2021. To date, Sam has not yet delivered the Macbook Air that Kat bought.Kat sued Sam on May 31 to deliver the Macbook with additional cost for the delay that Sam continues to incur.

a)If you were to advice Sam, what will be your recommendation.

b)When did the obligation become due? Discuss your answer.

c)Supposing the shop of Sam was inundated on May May 25, 2021 and the Macbook Air that Kat bought was destroyed beyond repair, is Sam liable?

d)Would your answer be different if the inundation of the shop of Sam happened on April 29, 2021?

4.Distinguish the obligation of the debtor if the object of the obligation is lost because of "Negligence" with "Fortuitous Event". Which of the two can be waived by the contracting parties.

5.Analyze the following statements:

a)As a general rule, the debtor incurs in delayif he does not perform the obligation on the date it is due.

b)If the debtor fails to perform an obligation to do, the creditor may compel the debtor to comply with the obligation.

c)If the obligation consists in the delivery of determinate thing, the debtor who incurs in delay shall not be responsible for loss due to fortuitous event.

d)When an period is designated in an obligation, it shall be presumed to have been established for the benefit of the debtor.

From among the statement/s above, which is/are incorrect? Discuss your answer.