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Questions and Answers
What type of liability arises from quasi-delicts?
What type of liability arises from quasi-delicts?
The obligation imposed by Article 2176 requires criminal intent.
The obligation imposed by Article 2176 requires criminal intent.
False (B)
Who is responsible for damages caused by minor children living in their company?
Who is responsible for damages caused by minor children living in their company?
Parents or guardians
Employers are liable for damages caused by their employees when acting within the scope of their assigned ___ .
Employers are liable for damages caused by their employees when acting within the scope of their assigned ___ .
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Match the following types of liability with their descriptions:
Match the following types of liability with their descriptions:
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Which of the following statements is true regarding liability for damages?
Which of the following statements is true regarding liability for damages?
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The State is responsible for damages caused by its agents.
The State is responsible for damages caused by its agents.
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Liability for damages can also arise from the acts of ___ employed in an establishment.
Liability for damages can also arise from the acts of ___ employed in an establishment.
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What type of fruits are produced by cultivation or labor?
What type of fruits are produced by cultivation or labor?
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A debtor has a real right against the world before delivering the obligor's performance.
A debtor has a real right against the world before delivering the obligor's performance.
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What is the nature of a personal right?
What is the nature of a personal right?
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What is the primary right of a creditor regarding the delivery of goods?
What is the primary right of a creditor regarding the delivery of goods?
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Real rights can be exercised against a determinate person only.
Real rights can be exercised against a determinate person only.
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What do all accessions and accessories included in an obligation refer to?
What do all accessions and accessories included in an obligation refer to?
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The debtor is liable for _____ in cases of fraud, negligence, or delay.
The debtor is liable for _____ in cases of fraud, negligence, or delay.
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A personal right is the power of a _____ to demand something from another person.
A personal right is the power of a _____ to demand something from another person.
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What is considered a legal excuse for breach of obligation or delay?
What is considered a legal excuse for breach of obligation or delay?
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Match each term with its corresponding description:
Match each term with its corresponding description:
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Match the terms with their definitions:
Match the terms with their definitions:
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Which article outlines the action for substituted performance?
Which article outlines the action for substituted performance?
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Which of the following is a characteristic of a generic thing?
Which of the following is a characteristic of a generic thing?
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A creditor can ask for rescission before the happening of a resolutory condition.
A creditor can ask for rescission before the happening of a resolutory condition.
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Obligations to give determine that all accessions and accessories must be included in the obligation.
Obligations to give determine that all accessions and accessories must be included in the obligation.
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What is the significance of a passive subject in an obligation?
What is the significance of a passive subject in an obligation?
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Which statement best describes the principle of autonomy of will in contract law?
Which statement best describes the principle of autonomy of will in contract law?
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Obligations arising from contracts do not require good faith.
Obligations arising from contracts do not require good faith.
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What does it mean when a contract is considered valid and enforceable?
What does it mean when a contract is considered valid and enforceable?
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An offer must be ______ and definite to create a binding contract.
An offer must be ______ and definite to create a binding contract.
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What is required for a recovery of damages if a contract is not perfected?
What is required for a recovery of damages if a contract is not perfected?
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Match the articles with their corresponding statements:
Match the articles with their corresponding statements:
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Withdrawal of an offer can be executed without any legitimate reason.
Withdrawal of an offer can be executed without any legitimate reason.
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What is meant by 'solutio indebiti'?
What is meant by 'solutio indebiti'?
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Which article describes the obligations arising from quasi-delicts?
Which article describes the obligations arising from quasi-delicts?
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A civil action is suspended if there is an ongoing criminal action.
A civil action is suspended if there is an ongoing criminal action.
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What type of negligence serves to increase liability arising from a contractual obligation?
What type of negligence serves to increase liability arising from a contractual obligation?
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According to Article 34, parties have a duty to render protection to ___ or property.
According to Article 34, parties have a duty to render protection to ___ or property.
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Match the following articles with their main focus:
Match the following articles with their main focus:
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What is considered an independent source of obligation between parties not previously bound?
What is considered an independent source of obligation between parties not previously bound?
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The concept of quasi-delict can arise even with a pre-existing contractual relation.
The concept of quasi-delict can arise even with a pre-existing contractual relation.
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What is required for a person to be obliged to compensate for damages caused by their act or omission?
What is required for a person to be obliged to compensate for damages caused by their act or omission?
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Under what condition can corporations be held civilly liable for crimes committed in their establishments?
Under what condition can corporations be held civilly liable for crimes committed in their establishments?
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Employers are only liable for the actions of their employees if there is a previous conviction for a crime.
Employers are only liable for the actions of their employees if there is a previous conviction for a crime.
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What is the term used for the liability that arises when an employer is responsible for the crimes committed by their employees?
What is the term used for the liability that arises when an employer is responsible for the crimes committed by their employees?
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According to Article 2175, a person who is constrained to pay taxes shall be entitled to reimbursement from the ___ person.
According to Article 2175, a person who is constrained to pay taxes shall be entitled to reimbursement from the ___ person.
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Match the type of liability with its description:
Match the type of liability with its description:
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If a third party pays a debt on behalf of someone else without their knowledge, what governs their rights regarding reimbursement?
If a third party pays a debt on behalf of someone else without their knowledge, what governs their rights regarding reimbursement?
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A person who objects to a community project aimed at public safety is exempt from any expense related to that project.
A person who objects to a community project aimed at public safety is exempt from any expense related to that project.
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The process of instituting a civil action for the recovery of civil liability is deemed ___ with the criminal action unless waived by the offended party.
The process of instituting a civil action for the recovery of civil liability is deemed ___ with the criminal action unless waived by the offended party.
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Study Notes
Obligations Arising from Contracts
- Contracts have the force of law, requiring compliance between parties.
- Obligations arise in good faith.
- Exceptions include:
- When property or business isn't neglected/abandoned (valid/enforceable contract).
- When a manager has been tacitly authorized).
Pre-contractual Obligations
- Damages can be claimed if a contract isn't finalized.
- Requirements include a clear and definite offer to leave the offeree in good faith to incur expenses.
- Offer withdrawal must be legitimate. Liability for illegitimate withdrawal is based on Article 2176 or 19 depending on the offeror's fault/negligence.
Solutio Indebiti (Payment Not Due)
- If something is received without having a right to it (through mistake), the obligation to return it arises (Article 2154).
Contracts (Article 1305)
- A contract is a meeting of the minds where one party binds themselves to the other to give or perform service.
- Requisites:
- No right to receive the thing delivered.
- The thing was delivered through mistake.
Quasi-Contracts (Support Given by Strangers)
- Obligations arising from actions of strangers assisting.
Acts (or Omissions) Punished by Law
- Civil obligations arising from a criminal offense are governed by penal laws; government's liability arises if a person fails to comply with health/safety regulations.
- Innkeepers, tavern keepers, etc. are civilly liable for crimes committed within their establishments (by employees).
- Employers have subsidiary liability for crimes committed by employees during their duties in the performance of their duties (if the action is based on contract, liability is primary and independent).
Rights and Obligations of Finder of Lost Property
- Governed by Articles 719 and 720.
Right to Reimbursement for Expenses
- Possessor in good faith is entitled to reimbursement for necessary and useful expenses (Article 546).
Payment by Third Party
- A third party paying a debt has rights to recover from the debtor (Articles 1236 and 1237).
Civil Liability Arising from Crime (Article 1611)
- Civil liability is governed by penal laws.
Civil Action and Criminal Actions
- Civil action is deemed instituted with the criminal action unless the offended party waives the civil action.
- Actions may proceed independent of the criminal action.
Culpa Aquiliana (Quasi-Delict)
- Damage caused by an act/omission, negligence/fault without a pre?existing contract, is governed by Articles 2176—2194.
- Liability arises from negligence (proximate cause), regardless of pre-existing relations.
Culpa Contractual
- Negligence is governed by Articles 1179 et seq. when there is a pre-existing contractual relation.
- Negligence in the performance of a contractual obligation increases liability as an incident in the fulfillment of the contract.
Quasi-Delicts vs. Crimes
- Quasi-delicts are private wrongs against individuals, Crimes are public wrongs against the state.
- Criminal intent isn't necessarily needed for liability; liability is for the individual's and others they are responsible for actions and or omissions.
Article 2180 (Liability for Fault of Others)
- Parents/guardians are responsible for damage caused by minors/incapacitated persons under their authority and living in their company.
- Employers are responsible for damages caused by their employees and household helpers (within the scope of employment).
Forms of Redress
- Reparation of injury, imprisonment, compensation, and indemnification.
- The state is responsible when acting through an agent, not if the damage was caused by an official who acted improperly.
Real Rights vs. Personal Rights
- Real Rights: Rights over a specific thing without a definite passive subject.
- Personal Rights: Rights one person has to demand something from another.
Generic Things (Indeterminate)
- Creditor can't demand a specific quality. Debtor can't deliver inferior quality.
- Generic things are not limited to a particular object; the purpose and circumstances are crucial.
- Creditor may demand specific performance at debtor's cost (Article 1165); correlative rights of obligee/creditor.
Duties of the Obligor/Debtor
- Delivering a thing of the intended quality.
- Liability for damages (fraud, negligence, delay, or contravention of obligation).
- Fortuitous events as a legal excuse for breach are applicable, contingent on the nature of the obligation and whether it's stipulated that risk is assumed.
Rights of a Creditor
- Compel specific performance; ask for rescission/damages.
- Right to damages for failure to deliver, fraud, negligence, delay, loss/deterioration of the specific thing among other issues,
Specific vs. Generic Things
- Debtor remains liable for the loss of a specific item but not a generic one; exception is where loss occurs due to fortuitous event in pre-existing contractual agreements for certain services.
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Description
This quiz covers the fundamental concepts of obligations arising from contracts, including pre-contractual obligations and the principles of Solutio Indebiti. It explores legal requirements, obligations in good faith, and the ramifications of contract formation and breach. Test your understanding of these essential legal principles.
