Question
This is an oblicon subject (Law on obligations and Contracts). Can be answered TRUE or FALSE 1. When the obligation consists in not doing and
This is an oblicon subject (Law on obligations and Contracts). Can be answered TRUE or FALSE
1. When the obligation consists in not doing and the obligor does what has been forbidden him, it shall also be undone at his expense.
2. An obligation "not to give" is also an obligation "not to do."
3. Contracts and agreements give rise to obligations but not all obligations give arise from contracts and agreements.
4. The rights of an oblige end where the obligation of the obligor begins.
5. When a person is authorized to take care of the property of another, negotiorum gestio is not possible.
6. Diligence as a factual issue cannot co-exist with diligence.
7. The degree of diligence and the extent of negligence can be assessed on a case- to- case basis.
8. In generic real obligations, the effects of the happening of a fortuitous event is irrelevant and not applicable at all.
9. Because the terms and conditions of a contract became the law between the parties thereto, an agreement to lower the degree of diligence from extraordinary to ordinary is possible.
10. The liability of an obligor can be tempered or reduced when there is contributory negligence on the part of the obligee.
11. If the law or contract does not state the diligence which is to be observed in the performance of an obligation, extraordinary diligence shall be required.
12. Rob stole the horse of Vic. Subsequently, he was convicted and ordered by the court to return the horse. Before Rob can return it, a lightning struck the horse and killed it. Rob's obligation to deliver is extinguished because no person shall be responsible for those events which could not be foreseen or which though foreseen, were inevitable.
13. If the obligation depends upon chance or upon the will of a third person, it is void.
14. In 2014, Michael promised to give his land to Trevor, if Trevor passes the bar examination in 2015. If Trevor passes the examination, Michael must also give the fruits for the period from 2014 to 2015.
15. In a suspensive obligation to give, when the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor.
11. If the law or contract does not state the diligence which is to be observed in the performance of an obligation, extraordinary diligence shall be required.
12. Rob stole the horse of Vic. Subsequently, he was convicted and ordered by the court to return the horse. Before Rob can return it, a lightning struck the horse and killed it. Rob's obligation to deliver is extinguished because no person shall be responsible for those events which could not be foreseen or which though foreseen, were inevitable.
13. If the obligation depends upon chance or upon the will of a third person, it is void.
14. In 2014, Michael promised to give his land to Trevor, if Trevor passes the bar examination in 2015. If Trevor passes the examination, Michael must also give the fruits for the period from 2014 to 2015.
15. In a suspensive obligation to give, when the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor.
16. In a suspensive obligation to give, if the thing is improved at the expense of the debtor, he shall be reimbursed by the creditor.
17. Dina owes Cindy P10,000.00 which was supposed to be paid on December 31, 2015. By mistake, Dina paid the obligation on December 31, 2014. Dina has a right to recover what she paid, including interest, prior to the date of payment.
18. On January 1, Drake borrowed from Josh, P20,000.00 payable on December 31 at 15% interest. Drake can force Josh to pay before December 31.
19. There is negotiorum gestio when the property or business is not neglected or abandoned.
20. If thing is a determinate thing, the creditor may ask that the obligation be complied with at the expense of the debtor.
21. When the obligor fails to perform his obligation on due date, delay or default attaches.
22. In compensatio morae, neither of the parties to the obligation has the capacity for perform his end of the obligation.
23. In reciprocal obligations, the performance of the obligations is expected to be simultaneous.
24. As a general rule, negligence is presumed from the breach of a contractual obligation.
25. Unlike negligence, fraud must be clearly proven.
26. The award of moral damages is meant to enrich the complainant at the expense of the defendant.
27. The burden of proving that the loss was due to a fortuitous event rest on him who invokes it.
28. As a rule, when an obligation is subject to a suspensive condition, the obligation cannot be enforced unless the condition is complied with.
29. The happening of a resolutory condition extinguishes an obligation.
30. In a resolutory condition, rights are already acquired, but are subject to extinguishment.
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