The Law on Obligations and Contracts by Hector S. De Leon and Hector M. De Leon, Jr. (2014)

Chapter 2 - Nature and Effect of Obligations

I. Definitions

Define or give the meaning of the following:

1. generic or indeterminate thing

2. personal right

3. legal delay or default

4. fortuitous event

5. diligence of a good father of a family

II. Discussions

1. Give the rules as to the liability of a person for loss or damage resulting from a fortuitous event.

2. What rights are given by law to the creditor in case the debtor fails to comply with his obligation to deliver a specific thing?

3. What are included to be delivered in an obligation to give a definite thing? Explain them.

4. Suppose the obligation of the debtor is to do something and he fails to do it or performs it in contravention of the agreement, what are the remedies available to the creditor?

5. Can a debtor be put in delay and consequently, incur liability even without demand from creditor? Explain.

6. May an action arising from fraud be waived? Explain.

7. May an action arising from negligence be waived? Explain.

III. Problems

Explain or state briefly the rule or reason for your answer.

1.S (seller) sold to B (buyer) on July 5, a horse named Silver to be delivered on July 20. However, on July 15, S sold again and delivered the horse to T. Who has a better right to Silver?

2. S sold to B a specific refrigerator which S agreed to deliver not later than July 31, S did not deliver the refrigerator on said date. Is S guilty of legal delay?

3. S promised to deliver to B a female horse named Suzie on July 10. Suzie gave birth to a colt on July 5.

a) What are the obligations of S?

b) Who has a right to the colt?

c) Who is the lawful owner of Suzie in case it was sold and delivered by S to T on July 8?

4. D (debtor) borrowed P20,000 from C (creditor) payable after one (1) year? Is D liable to pay interest?

5. R (lessor) issued a receipt that E (lessee) has paid the rent for the months of March, 2008. Can R still collect from E the rents for January and February, 2008?