Contract Law Essentials

Questions and Answers

What is required for a donation of personal property whose value exceeds P5,000.00?

Witness signatures are enough

An oral agreement between parties

Public notarization only

A written donation and acceptance (correct)

In a contract of sale of land through an agent, what must be in writing?

The identities of the buyers

The date of agreement

The authority of the agent (correct)

The sales price

Which of the following contracts must specify the amount of principal and interest in writing?

Contract of bailment

Contract of antichresis (correct)

Contract of sale

Contract of partnership

What is necessary for a contract of partnership where immovable property is contributed?

A public instrument with an attached inventory Signup and view all the answers

What happens if the formalities for a contract involving immovable property are not followed?

The contract becomes void or inexistent Signup and view all the answers

For a debt agreement regarding interest in a simple loan or mutuum, what must be explicitly documented?

The interest rate Signup and view all the answers

In a contract of chattel mortgage, what is required for the personal property involved?

Registered in the Chattel Mortgage Register Signup and view all the answers

Which types of obligations are classified as pure and conditional?

Obligations that are dependent on an event Signup and view all the answers

What classification of obligations includes legal, conventional, and penal types?

Classification of secondary character Signup and view all the answers

Which classification refers to obligations that may be joint or solidary?

Individual and collective Signup and view all the answers

What type of obligation is described as 'when the object is specific'?

Determinate obligation Signup and view all the answers

How are civil obligations categorized according to their juridical quality?

Natural, civil, and mixed Signup and view all the answers

In which type of obligation can the obligor choose one of several obligations that are due?

Alternative obligations Signup and view all the answers

Which classification includes obligations that have both parties mutually bound?

Bilateral obligations Signup and view all the answers

What distinguishes a facultative obligation from an alternative one?

Facultative obligations allow replacement of undertakings Signup and view all the answers

Which classification indicates that there is only one undertaking involved?

Simple obligations Signup and view all the answers

What is sufficient for a plaintiff to recover damages if the accused is acquitted due to insufficient proof of guilt?

Preponderance of evidence Signup and view all the answers

In what scenario is a civil action to recover damages generally not possible after an acquittal?

The acquittal is based on the absence of the fact that gave rise to civil liability. Signup and view all the answers

When can the civil action to recover damages be independent from the criminal action?

When the civil action is based on a non-criminal obligation. Signup and view all the answers

What happens if a civil action to recover damages is commenced ahead of the criminal action?

The civil action is suspended once the criminal action is instituted. Signup and view all the answers

Which circumstance would NOT allow for a civil action independent of the criminal action?

The action arises from a tortious act that is also a crime. Signup and view all the answers

What primarily determines the right to file a civil action separated from a criminal proceeding?

The outcome of the criminal action. Signup and view all the answers

What is a common misconception regarding the relationship between civil and criminal actions?

They are completely separate and do not affect each other at all. Signup and view all the answers

What legal principle allows for a civil action when an accused is acquitted due to insufficient evidence?

Preponderance of evidence. Signup and view all the answers

What is the main reason that Article 1903 of the Civil Code is not applicable to civil liability arising from a crime?

It applies only to obligations arising from wrongful acts not punishable by law. Signup and view all the answers

What was the Supreme Court's position regarding the employer's liability in the case discussed?

The employer can be primarily liable under Article 1903 despite employee negligence being punishable by law. Signup and view all the answers

What is a key distinction between delitos and cuasi delitos as described in the court's decision?

Cuasi delitos are separate legal institutions distinct from crimes. Signup and view all the answers

Which article of the Civil Code is referenced in relation to employer responsibility for employee negligence?

Article 1903 Signup and view all the answers

In the context of the case, what does 'subsidiary liability' mean for the employer?

The employer is only liable if the employee has no assets to cover damages. Signup and view all the answers

What must be established to bring a separate civil action against an employer, according to the court's ruling?

The employee must not have been sued in a civil action. Signup and view all the answers

What legal term is used to describe negligence that gives rise to a separate liability apart from crimes?

Quasi-delict Signup and view all the answers

Which legal principle supports the primary responsibility of employers for employee negligence?

Article 1903 establishes direct employer responsibility irrespective of employee actions. Signup and view all the answers

What is the primary factor that establishes a cause of action in this case?

The plaintiff's ownership of the Mercedes Benz Signup and view all the answers

Which articles of the Civil Code are referenced regarding responsibility for fault or negligence?

Articles 1902 to 1910 Signup and view all the answers

What was the immediate cause of the collision described in the case?

Sudden swerving of Salazar’s jeep Signup and view all the answers

What type of damages did the petitioner incur as a result of the collision?

Actual and moral damages Signup and view all the answers

Under which article is the employer, in this case, held primarily liable?

Article 1903 Signup and view all the answers

What legal principle allows the civil suit to proceed independently of the criminal proceedings?

The nature of quasi-delict Signup and view all the answers

What was the error committed by the respondent Judge in this case?

Dismissing the civil suit against the truck-owner Signup and view all the answers

What was the function of Freddie Montoya in relation to the incident?

He was the truck driver employed by Timbol Signup and view all the answers

Study Notes

Requirements for Certain Contracts

Donations of personal property valued over P5,000 must be made in writing.
Sale of land through an agent requires written authority for the agent.
Simple loan agreements need written stipulation regarding interest.
For antichresis contracts, both principal and interest amounts must be specified in writing.
Donations of immovable property must be executed in a public document, with acceptance occurring either in the same document or a separate public document.
Partnerships contributing immovable property require a public instrument attached with an inventory signed by partners.
Chattel mortgages must record the personal property in the Chattel Mortgage Register as security.
Sale or transfer of large cattle must be registered.
Non-compliance with these formalities makes the contract void or inexistent.

Classification of Obligations

Primary Classifications:
- Pure and conditional (Arts. 1179-1192)
- With a period (Arts. 1193-1198)
- Alternative and facultative (Arts. 1199-1206)
- Joint and solidary (Arts. 1207-1222)
- Divisible and indivisible (Arts. 1223-1225)
- With a penal clause (Arts. 1226-1230)
Secondary Classifications:
- Legal, conventional, and penal obligations
- Real and personal obligations
- Determinate and generic obligations
- Positive and negative obligations
- Unilateral and bilateral obligations
- Individual and collective obligations (can be joint or solidary)
As per Sanchez Roman:
- Juridical quality: natural, civil, and mixed obligations

Civil Actions and Criminal Liability

Civil actions for damages can proceed if acquittal in a criminal case is based on insufficient proof beyond a reasonable doubt.
If acquittal is due to a lack of the offense charged, subsequent civil action for damages is generally not possible.
Civil actions to recover damages are typically not independent from criminal actions and depend on the outcome of the latter.
Exceptions permit separate civil actions when:
- The civil claim is based on an obligation not arising from the criminal act.
- The law expressly allows a distinct civil action independent of the criminal action.

Distinction in Liability

National law acknowledges a distinction between civil liability derived from criminal negligence and responsibility for fault or negligence in civil obligations.
Employers are primarily liable for the actions of their employees under quasi-delict laws.
In specific cases, civil suits against employers can proceed independent of the underlying criminal proceedings.

Legal Principles Regarding Negligence

Separate civil actions for quasi-delict or negligence can be maintained regardless of the outcome of associated criminal proceedings.
Factors necessary for a cause of action include the plaintiff's primary right and the defendant's wrongful act or omission that infringes upon that right.

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Description

Explore the key requirements of contract law related to donations, sales of property, and loans. This quiz covers necessary documentation and stipulations required by law for various contracts. Test your understanding of the written requirements for different types of agreements.