Civil Code: Strict Liability and Contract Breach

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Questions and Answers

What is the concept of strict liability primarily associated with?

Contracts between parties where fault is proven

Liability irrespective of owner's diligence (correct)

Compensation for accident victims based on negligence

Liability only in cases of intentional harm

Which of the following is NOT an example of strict liability outlined in the Civil Code?

House owners for damages from things thrown

Tree owners for damages from fallen trees

Manufacturers for defects in products (correct)

Owners of animals for damages caused

What constitutes a total breach of contract?

The debtor performs part of the obligation late

The creditor voluntarily waives their rights

The debtor is late but can still perform the obligation

Performance is impossible or unsatisfactory to the creditor (correct)

What does a breach of contract typically allow the unsatisfied creditor to pursue?

Compensation for damages incurred Signup and view all the answers

Which type of non-performance happens when an obligation's performance can no longer satisfy the creditor's interests?

Total breach Signup and view all the answers

What constitutes fault or negligence according to the definition provided?

Failure to demonstrate the required diligence in fulfilling obligations Signup and view all the answers

In obligations to give a thing, who bears the burden of proof regarding negligence?

The debtor is presumed negligent until proven otherwise Signup and view all the answers

How is deceit in non-performance characterized?

A conscious act of failing to meet obligations Signup and view all the answers

What defines an Act of God or Force Majeure?

Events that are completely unavoidable and unforeseeable Signup and view all the answers

Which scenario would NOT exempt a debtor from liability due to Force Majeure?

An earthquake occurs in a region known for seismic activity Signup and view all the answers

What is the primary difference between assignment and subrogation?

Subrogation is unselfish and satisfies legal interests, while assignment facilitates credit circulation. Signup and view all the answers

In which scenario can a third party not substitute themselves in the creditor's position?

When the payment is related to a personal obligation. Signup and view all the answers

What can a third party do if they pay on behalf of a debtor with the debtor's agreement?

Choose to seek reimbursement from the debtor or subrogate into the creditor's position. Signup and view all the answers

If a third party pays off a debt without the debtor's consent, what can they claim?

Only the benefit that the debtor gained from the payment. Signup and view all the answers

Which concept is primarily concerned with the preservation of guarantees for the new creditor?

Subrogation. Signup and view all the answers

What distinguishes unilateral obligations from bilateral obligations?

Bilateral obligations involve reciprocity in duties. Signup and view all the answers

In passive joint obligations, what determines each debtor's responsibility?

The obligation is presumed to be equal across all debtors. Signup and view all the answers

What is the result of one debtor's failure to comply in an indivisible joint obligation?

It makes performance impossible for all debtors. Signup and view all the answers

Which type of obligation is presumed to be joint unless specified otherwise?

Joint obligations. Signup and view all the answers

What is true about conditional obligations?

The obligation ends if a specific condition occurs. Signup and view all the answers

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Description

This quiz covers essential concepts related to strict liability and breach of contract as outlined in the Civil Code. Explore definitions, examples, and implications of legal obligations, non-performance, and the principles of assignment and subrogation. Test your understanding of these important legal terms and scenarios.