Obligations and Contracts in Tourism Law

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Questions and Answers

What defines a civil obligation according to Article 1156 of the Civil Code?

A juridical necessity to give, do, or not do (correct)
An agreement to not fulfill a duty
A requirement that cannot be legally enforced
An informal promise to complete a task

In an obligation, who is referred to as the Passive Subject?

The person who has the right to refuse the obligation
The party responsible for fulfilling the obligation (correct)
The party who initiates legal action
The person demanding fulfillment of the obligation

Consider the example of Alice and Cassandra regarding the delivery of wine. Who represents the Active Subject?

Cassandra, the one who demands the delivery (correct)
The shipping company for the delivery
Alice, the one who must deliver the wine
The wine supplier to Alice

Which of the following represents the 'Prestation' in the obligation example given?

The 10 boxes of red wine to be delivered (A) Signup and view all the answers

What is meant by the term 'Juridical Tie' in the context of obligations?

The mutual agreement or contract connecting debtor and creditor (B) Signup and view all the answers

What is NOT a source of civil obligations?

Personal friendships and informal relationships (A) Signup and view all the answers

In the context of entering contracts, why is it crucial for individuals in tourism and hospitality to understand legal obligations?

To recognize enforceable responsibilities that can lead to legal action if broken (C) Signup and view all the answers

If a party fails to fulfill their obligation under a contract, what is typically the other party’s recourse?

Taking legal action to enforce the contract or claim damages (B) Signup and view all the answers

What is one prerequisite for filing a claim based on Quasi-Delict?

The injured party must have suffered damage. (A) Signup and view all the answers

Which of the following must be established to hold one liable for Quasi-Delict?

There must be a causal connection between negligence and damage. (C) Signup and view all the answers

In the given example, can Wesley file a case against Sheila for Quasi-Delict?

Yes, because Sheila acted recklessly and caused Wesley's injuries. (B) Signup and view all the answers

Under Article 2180 of the Civil Code, who can be held liable for damages caused by employees?

Owners and managers of the establishment. (B) Signup and view all the answers

Which statement about employer liability under Quasi-Delict is true?

Employers are liable even when not engaged in any business. (A) Signup and view all the answers

What is a legal defense that an employer might use to avoid liability for an employee's negligence?

The employee was acting outside the scope of their duties. (C) Signup and view all the answers

For a claim of Quasi-Delict to be valid, what must be true regarding the employee's actions?

The actions must have occurred during their assigned tasks. (D) Signup and view all the answers

What must be proven in a Quasi-Delict case regarding the party at fault?

The party exhibited fault or negligence. (D) Signup and view all the answers

What is required for an obligation arising from law to be enforceable?

The obligation must be expressly determined by law. (A) Signup and view all the answers

What distinguishes a contract from an obligation?

An obligation can exist without a contract. (B) Signup and view all the answers

In the context of quasi-contracts, which of the following scenarios would NOT constitute a quasi-contract?

A friend lends money to another friend without any expectations. (A) Signup and view all the answers

What defines an obligation arising from quasi-delicts?

It involves acts or omissions causing damage without pre-existing relationships. (D) Signup and view all the answers

What might happen if a contract is not fulfilled by one party?

The other party has the right to file a civil case for breach. (D) Signup and view all the answers

Which of the following is an example of a quasi-delict?

Accidentally damaging a neighbor's property while snow shoveling. (A) Signup and view all the answers

Which of the following best describes the obligation to pay taxes?

It arises from the requirements set forth by law. (C) Signup and view all the answers

If someone performs a service for another without consent during an emergency, what type of obligation might arise?

A quasi-contractual obligation. (B) Signup and view all the answers

What legal remedy can Cassandra pursue after Alice's fraudulent act?

Damages (D) Signup and view all the answers

Which statement best describes the concept of negligence as demonstrated in the example of Pacific Airlines?

It is the omission of due diligence by a party. (C) Signup and view all the answers

What does the general rule of 'no demand, no delay' imply in the context of obligations?

A debtor is considered in delay only after a formal request for performance is made. (C) Signup and view all the answers

If Mr.Y has not formally demanded payment from Mr.X before December 15, 2024, what is Mr.X's status?

Mr.X is not legally in delay. (B) Signup and view all the answers

After Mr.Y sends a demand letter to Mr.X, how long does Mr.X have to fulfill his obligation?

5 days (D) Signup and view all the answers

What is required for Mr.Y to establish that Mr.X is legally in delay after the demand letter is sent?

A sufficient amount of time must pass after the demand. (C) Signup and view all the answers

In the context of the airline example, what type of carrier is Pacific Airlines classified as?

Common carrier (B) Signup and view all the answers

If Mr.X still does not pay after the demand period, what can Mr.Y do next?

Take legal action immediately. (A) Signup and view all the answers

What action can Mr.Y take in response to Mr.X’s delay in paying the loan?

He has a cause of action to file a civil case. (A) Signup and view all the answers

What does contravention in the tenor of the obligation imply?

Failure to honor the agreed terms. (C) Signup and view all the answers

Why was Air France found liable in the case involving Mr.Carrascoso?

They forced him to vacate his first-class seat. (C) Signup and view all the answers

What type of damages did Mr.Carrascoso suffer as a result of the airline's actions?

Emotional distress and humiliation. (D) Signup and view all the answers

What can be deduced about the nature of Air France's actions towards Mr.Carrascoso?

They demonstrated evident bad faith. (A) Signup and view all the answers

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Study Notes

Importance of Obligations and Contracts

Understanding legal concepts is crucial in tourism and hospitality to ensure compliance with obligations which can lead to legal actions if violated.

Definition of Civil Obligation

Civil obligation: Defined as a "juridical necessity to give, to do, or not to do" under Article 1156 of the Civil Code.
If one party fails to perform their obligation, the other may seek legal enforcement or claim damages.

Elements of an Obligation

Passive Subject (Obligor/Debtor): The party obligated to fulfill the obligation.
Active Subject (Obligee/Creditor): The party entitled to demand fulfillment.
Prestation (Object): The specific action or thing involved in the obligation.
Juridical Tie (Vinculum): The legal bond between debtor and creditor established by agreement.

Sources of Obligation

Obligations arise from:
- Law
- Contracts
- Quasi-contracts
- Delicts (acts punishable by law)
- Quasi-delicts

Types of Obligations

Obligations from Law: These are explicitly stated by law and not presumed.
- Example: A corporation can be sued for tax obligations mandated by the National Internal Revenue Code.
Obligations from Contracts: Obligations must be performed when contracts are perfected. A breach allows the injured party to file a civil case.
- Distinction: Obligation can exist without a contract, but a contract requires an obligation.
Obligations from Quasi-Contracts: Defined as acts to prevent unjust enrichment at another's expense.
- Example 1: A person treated during incapacitation is liable for services received.
- Example 2: A property saved from destruction obligates the rescuer to compensation.
Obligations from Quasi-Delicts: Arises from actions causing damage due to negligence, without a prior contract.
- Requisites include damage, negligence, and causation.
- Example: A pedestrian injured by a reckless driver can sue based on quasi-delict.

Liability in Employment

Employers are responsible for damage caused by employees during assigned duties or tasks.
Article 2180 holds them liable for negligence of their employees, even if they did not directly cause harm.

Negligence or Fault

Defined as the failure to exercise the required diligence as per obligation.
- Example: An airline can be held liable for lost luggage due to crew negligence.

Delay in Obligation

General Rule: "No demand, no delay." Debtors aren't considered in default unless a formal demand for performance is made.
- Example: A borrower isn’t delayed until a lender formally requests repayment.

Contravention of Obligation

Refers to the failure to fulfill a contractual duty.
- Case Study: Air France was found liable for forcing a passenger to vacate a first-class seat, breaching their contractual obligation and causing inconvenience.

Summary

Legal obligations and contracts are foundational in business operations, especially in sectors reliant on compliance and customer relations. Understanding these principles aids in preventing legal conflicts and ensuring fairness in dealings.

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