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?

<p>Compensation for damages incurred (D)</p> 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?

<p>Total breach (C)</p> Signup and view all the answers

What constitutes fault or negligence according to the definition provided?

<p>Failure to demonstrate the required diligence in fulfilling obligations (D)</p> Signup and view all the answers

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

<p>The debtor is presumed negligent until proven otherwise (C)</p> Signup and view all the answers

How is deceit in non-performance characterized?

<p>A conscious act of failing to meet obligations (A)</p> Signup and view all the answers

What defines an Act of God or Force Majeure?

<p>Events that are completely unavoidable and unforeseeable (B)</p> Signup and view all the answers

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

<p>An earthquake occurs in a region known for seismic activity (C)</p> Signup and view all the answers

What is the primary difference between assignment and subrogation?

<p>Subrogation is unselfish and satisfies legal interests, while assignment facilitates credit circulation. (B)</p> Signup and view all the answers

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

<p>When the payment is related to a personal obligation. (C)</p> 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?

<p>Choose to seek reimbursement from the debtor or subrogate into the creditor's position. (B)</p> Signup and view all the answers

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

<p>Only the benefit that the debtor gained from the payment. (A)</p> Signup and view all the answers

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

<p>Subrogation. (D)</p> Signup and view all the answers

What distinguishes unilateral obligations from bilateral obligations?

<p>Bilateral obligations involve reciprocity in duties. (C)</p> Signup and view all the answers

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

<p>The obligation is presumed to be equal across all debtors. (D)</p> Signup and view all the answers

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

<p>It makes performance impossible for all debtors. (A)</p> Signup and view all the answers

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

<p>Joint obligations. (A)</p> Signup and view all the answers

What is true about conditional obligations?

<p>The obligation ends if a specific condition occurs. (A)</p> Signup and view all the answers

Flashcards

Strict Liability

A legal principle where a person is held responsible for harm caused by their actions, even if they weren't negligent. It's applied in cases like animal attacks, damage caused by falling trees, or items thrown from a building.

Breach of Contract

A situation where one party fails to fulfill their obligations as outlined in a contract.

Total Breach

When a debtor fails to perform their obligation and cannot fulfill it in the future, making it impossible to satisfy the creditor's interests.

Delay in Performance

When a debtor fails to perform their obligation by the agreed-upon deadline.

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Loss of Thing Due

When the object of an obligation is lost or destroyed, making it impossible to fulfill the obligation.

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Payment by a Third Party

When someone other than the debtor pays the creditor, typically to satisfy the obligation.

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Reimbursement Right

The third party who made the payment can demand the money back from the debtor.

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Subrogation Right

The third party steps into the shoes of the original creditor, inheriting all rights and claims, including any guarantees.

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Personal Obligation

An obligation where the specific person is required to perform the task, and payment by a third party is not acceptable.

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Action for Enrichment

When a third party pays against the debtor's wishes, they can only claim the benefit the debtor received from the payment.

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Fault or Negligence

Failing to meet obligations due to carelessness, neglect, or lack of expertise. Involves not applying the necessary diligence required by the obligation's nature.

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Proof of Negligence (To Give a Thing)

The debtor is presumed negligent if they fail to deliver a thing they possess, unless they can prove otherwise. This is a legal presumption.

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Deceit (in Non-Performance)

A deliberate and conscious act of not fulfilling an obligation. It's different from deceit related to consent during contract formation.

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Act of God or Force Majeure

An event beyond the control of the debtor, which cannot be foreseen or prevented, that makes it impossible to fulfill an obligation. Examples include natural disasters or political disruptions.

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Liability Exemption (Act of God/Force Majeure)

Generally, a debtor is not liable for non-performance due to an Act of God or Force Majeure event. However, this exemption can be waived by agreement.

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Joint Obligations

In joint obligations, each debtor only has to fulfill their part of the obligation, and the creditor cannot ask one debtor to fulfill the entire obligation. The obligation is divided equally among debtors unless otherwise specified.

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Active Joint Obligations

In active joint obligations, the creditor cannot ask one debtor to fulfill the entire obligation. They must ask for a part of the obligation from each debtor.

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Passive Joint Obligations

In passive joint obligations, each debtor is only responsible for their portion of the obligation. The creditor cannot demand the entire obligation from a single debtor.

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Insolvency in Joint Obligations

If one debtor in a joint obligation becomes insolvent (unable to pay), it does not affect the other debtors' obligations. They still need to fulfill their individual shares.

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Divisible vs. Indivisible Joint Obligations

A joint obligation is divisible if each debtor can fulfill a separate portion of the obligation. It is indivisible if the obligation cannot be divided and failure to comply from one debtor makes performance impossible.

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Study Notes

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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.

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