Real Obligations: Determinate vs. Indeterminate Things

Choose a study mode

Play Quiz

Study Flashcards

Spaced Repetition

Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the characteristic of a determinate thing in a real obligation to deliver?

It is not clearly defined
It is specific and identifiable (correct)
It is not agreed upon by the parties
It is related to a generic type of thing

What is the consequence of non-performance in determinate obligations?

The obligee loses the legal right to reject performance
The obligor can claim monetary compensation
The non-breaching party may seek a court order compelling performance or claim monetary compensation for losses (correct)
The non-breaching party may seek monetary compensation only

In a real obligation to deliver an indeterminate thing, what is the nature of the specific item to be delivered?

It is not identified or specified at the time of entering into the obligation (correct)
It is always clearly specified at the time of entering into the obligation
It is characterised by its individuality
It is unrelated to a generic type of thing

Why are determinate obligations readily enforceable in court?

<p>Because of their specificity and clarity (A)</p> Signup and view all the answers

What action can the non-breaching party take if specific performance is not feasible in determinate obligations?

<p>The non-breaching party can seek a court order compelling performance or claim monetary compensation for losses (B)</p> Signup and view all the answers

Flashcards are hidden until you start studying