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OBLIGATIONS & CONTRACTS SAMPLE PROBLEMS WITH SUGGESTED ANSWERS

.1. D is obliged to deliver 5 bags of powder soap to C 7 days from their agreement. On due date, D delivered 5bags of
powder soap mixed with chalk. What is the status of the agreement between D and C?

* The agreement is valid. The fraud was committed during the performance of the obligation and notduring the
agreement of the parties. This is a case of incidental fraud (dolo incidente) not causal fraud (dolocausante).

2. D is obliged to give C a specific watch, a specific ring or a specific bracelet. The parties agreed that C willhave
the right to choose the thing which will be given to him. Before C could make his choice, the watch andthe ring are
lost through D’s fault, successively. What is the right of C?

* C may choose the delivery to him of the bracelet, or the price of the watch or the price of the ring plusdamages.

3. A, B, C and D are obliged to give X, Y and Z P12,000. X may collect from A how much?

* P1,000. When the obligation is silent, it is presumed joint.

4. A, B, C and D, joint debtors are obliged to give X, Y, and Z, solidary creditors, P12,000. How much may Xcollect
from A?

* P 3,000. As a solidary creditor, X may collect the whole amount owed by the joint debtor A.

5. A, B, C and D, solidary debtors, are obliged to give X, Y and Z, joint creditors, P12,000. How much may Xcollect
from A?

* P4,000. As a joint debtor X is entitled only to his proportionate share, and A being a solidary debtormay be
required to pay the said amount.

6. A, B, C and D, solidary debtors, are obliged to give X, Y and Z, solidary creditors, P12,000. How much mayX collect
from A?

* P12,000. X being a solidarity creditor may ask for the payment of the whole amount in behalf of hisco-creditors
subject to a responsibility of X to give the latter their corresponding shares. Similarly, A as asolidary debtor
may be required to pay the whole amount of the obligation subject to reimbursement from hisco-debtors.

7. A and B are indebted to X and Y for P10,000. A and B share in the debt in the ratio of 1:3 while X and Yshare
in the credit in the ratio of 2:3.a. How much may X collect from A if the debtors are joint debtors, while the creditors are
joint creditors?

* P1,000. The obligation is joint on both the debtor and creditor, therefore there are as many debts (credits) as
debtors (creditors).

COMPUTATION: Proportionate Share of A:¼ x P10,000 = P 2,500Proportionate Share of B on A’s Proportionate Debt:2/5 X
P2,500=P 1,000

b. How much may X collect from A if there is active solidarity?

* P2,500(see computation above). The whole amount of the proportionate share of A could becollected by X. As a
solidary creditor, X may collect the whole amount of the obligation corresponding againstone or more debtors.c. How
much may X collect from A if there is passive solidarity?

How much may X collect from A if there is passive solidarity?

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