Legal Aspects in Tourism and Hospitality: Introduction

Questions and Answers

Which of the following best defines substantive law?

A law that focuses on the organization of government.

A law that creates, defines, and regulates rights. (correct)

A law addressing criminal offenses and defenses.

A law governing enforcement procedures for legal rights.

Which type of law primarily deals with the relationship between the state and its citizens?

Criminal law

Public law (correct)

International law

Private law

What is the main focus of criminal law?

The formation of treaties between nations.

Defining the obligations of government officials.

The rights and obligations of individuals within society. (correct)

The procedures for civil disputes.

Which of the following best describes adjective law?

Law that provides methods for enforcing rights. Signup and view all the answers

International law primarily governs which of the following?

Agreements and treaties among nations. Signup and view all the answers

What type of law would address a conflict between a corporation in one nation and a citizen of another?

Private international law Signup and view all the answers

Which of the following is NOT a focus area of public law?

International relations Signup and view all the answers

Which component of the law serves as a form of social control?

All forms of law Signup and view all the answers

What constitutes a negative personal obligation?

An obligation not to do something Signup and view all the answers

Which of the following is NOT a source of obligations as per Article 1157?

Future promises Signup and view all the answers

What kind of obligation arises from a lawful, voluntary act to prevent unjust enrichment?

Quasi-contract Signup and view all the answers

Which obligation is tied to civil liability resulting from a criminal act?

Crime-induced obligation Signup and view all the answers

According to Article 1163, what standard of care is generally expected from a person obliged to give something?

Care of a good father of a family Signup and view all the answers

In which circumstance can an obligation arise from an act or omission that does not involve any contractual relationship?

Quasi-delicts Signup and view all the answers

Which of the following describes the obligation of a family head in the case of damages caused by falling objects?

To respond for damages caused by things falling from a building Signup and view all the answers

When does an obligation exist to return something paid by mistake?

As a result of a quasi-contract Signup and view all the answers

What happens in case of noncompliance with an obligation?

The courts may be approached for enforcement. Signup and view all the answers

Who is referred to as the passive subject in an obligation?

The one who has a duty to fulfill the obligation. Signup and view all the answers

What is required for there to be performance in an obligation?

The presence of an object or prestation. Signup and view all the answers

In a building contract where X agrees to construct a house for Y, who is the active subject after the construction is completed?

X, who constructed the house. Signup and view all the answers

Which type of obligation requires the delivery of a thing?

Real obligation. Signup and view all the answers

What does a positive personal obligation entail?

A duty to provide a service or perform an action. Signup and view all the answers

What connects both parties in an obligation?

The existence of a legal tie or juridical cause. Signup and view all the answers

Which of the following is an example of a personal obligation?

Repairing a piano for a client. Signup and view all the answers

What is required for a contract to be considered perfected?

Consent from both parties Signup and view all the answers

Which of the following statements about the binding nature of contracts is correct?

Only the parties and their successors are bound Signup and view all the answers

What constitutes a counter-offer?

A qualified acceptance of the offer Signup and view all the answers

Which of the following is not a vice of consent?

Negotiation Signup and view all the answers

What is necessary for consent to be valid?

Free and spontaneous agreement Signup and view all the answers

What is the role of the cause of obligation in a contract?

It establishes the basis for the contract Signup and view all the answers

Under what condition may a mistake invalidate consent?

When it impacts the identity or qualifications of the parties Signup and view all the answers

What type of force is considered violence in terms of contract consent?

Serious or irresistible physical force Signup and view all the answers

What is a key characteristic of a stock corporation?

It has a capital stock divided into shares. Signup and view all the answers

What distinguishes a corporation from a partnership?

A corporation is created by law, while a partnership is created by agreement. Signup and view all the answers

Which of the following is a disadvantage of corporate organization?

Double taxation of corporate profits. Signup and view all the answers

What defines a non-stock corporation?

It does not issue stock and is organized for public purposes. Signup and view all the answers

What is true about de facto corporations?

They are recognized even with flaws in incorporation. Signup and view all the answers

How is a domestic corporation defined?

It is created under the laws of the Philippines. Signup and view all the answers

What is a primary advantage of forming a corporation?

Limited liabilities for investors. Signup and view all the answers

What does the term 'right of succession' mean in the context of corporations?

A corporation continues to exist beyond the involvement of its founders. Signup and view all the answers

Study Notes

Introduction to Hospitality and Tourism Law

Definition of Law: A system of rules governing conduct, providing social control and guiding legal decisions in disputes.
State Law: Legislation established and enforced by the government to regulate behavior within society.
Types of Law:
- Substantive Law: Defines rights and regulates behavior.
- Adjective Law: Outlines procedures for enforcing rights.
- Public Law: Governs relationships between individuals and the government, including constitutional and criminal law.
- Criminal Law: Defines crimes and the legal responsibilities of individuals.
- International Law: Regulates treaties and agreements between nations.

Obligations in Law

Concept of Obligations: A legally binding requirement that necessitates adherence; noncompliance may result in legal action.
Essential Elements of an Obligation:
- Passive Subject (Debtor): A person obliged to fulfill the obligation.
- Active Subject (Creditor): A person entitled to demand performance.
- Object (Prestation): The specific act or item that is the subject of the obligation.
- Juridical Tie: The legal connection establishing the obligation.

Kinds of Obligation

Real Obligation: Involves a duty to deliver a specific item to another party.
Personal Obligation:
- Positive: Obligation to perform an act (e.g., provide a service).
- Negative: Obligation not to perform an action (e.g., not to interfere with a right of way).

Sources of Obligations

Law: Obligations mandated by legislation (e.g., tax obligations).
Contracts: Derived from agreements between parties.
Quasi-Contracts: Arise from lawful acts that prevent unjust enrichment.
Acts Punished by Law: Civil liabilities stemming from criminal offenses.
Quasi-Delicts: Obligations from damages caused by negligence or fault without a contractual relationship.

Nature and Effect of Obligations

Duty of Care: Obligors must care for their obligations as a prudent person would, unless otherwise specified.
Relativity of Contracts: Contracts bind only the involved parties and their successors.
Consensuality of Contracts: Legal agreements are formed by mutual consent; real and formal contracts are exceptions.
Obligatory Force of Contracts: Contracts function as laws between the parties involved.

Essential Requisites of Contracts

Consent: Must be manifested clearly between parties through a definitive offer and acceptance.
Object: Subject matter must be specific and legal.
Cause: The reason for establishing the obligation must be valid.

Error or Mistake: Invalidates consent when it pertains to essential aspects of the contract.
Violence or Force: Coercion invalidates consent if it employs physical force against a party.

Corporation Law

Definition of Corporation: An artificial entity recognized by law with specific rights and responsibilities.
Types of Corporations:
- Stock Corporation: Issuing stock to shareholders and distributing profits.
- Non-stock Corporation: Established for public benefit without issuing stocks.
- De Jure Corporation: Formed following legal requirements.
- De Facto Corporation: Has flaws in its formation but operates as a corporation.
- Public Corporation: Created for governmental functions (e.g., municipalities).
- Private Corporation: Established for private goals.

Advantages and Disadvantages of Corporations

Advantages:
- Limited liability for investors.
- Easier transfer of ownership.
- Centralized management structure.
Disadvantages:
- Subject to extensive regulations.
- Double taxation implications.
- Operational constraints from charters.

Distinction Between Partnership and Corporation

Formation: Partnerships arise from agreements while corporations are legally constituted.
Liability: Partners have personal liability for debts; shareholders in corporations have limited liability.
Succession: Corporations have a right of succession; partnerships do not.

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Description

Explore the fundamental legal concepts that underpin the hospitality and tourism industries. This quiz delves into the general principles of law, its role in social control, and how it guides rational behavior within these fields. Test your knowledge and understanding of the essentials of tourism and hospitality law.