Obligations

Definition - Breach1
[Follow the Outline]

Part One
Modified True or False.Consider the statement true only when it is absolutely true.
Explain ALL your answers.

Part Two
Multiple Choice. Choose the best answer.

Part Three
Give direct and concise but complete answers.
Cite authorities, if any.

1C [Breach]

33. Distinguish fraud under Article 1171 and fraud under Article 1338.
Distinguish negligence under Article 1173 and negligence under Article 2176.

34. May there be relevance in determining the extent of negligence whether simple or gross?

35. The act of alighting from a moving vehicle is a negligent act?

36. In an action for damages filed by a passenger against a common carrier, will the defense
of the exercise of the diligence of a good father of a family be a proper defense?

37. In an action for damages filed by a client against a stevedoring company, will the defense
of the exercise of diligence known as bonos pater familias be a proper defense?

38. What are the kinds of delay?

39. What are the requisites for delay to set in?

40. Kristina brought her diamond ring to a jewelry shop for cleaning. The jewelry shop
undertook to return the ring by February 1, 1999. When the said date arrived, the jewelry
shop informed Kristina that the job was not yet finished. They asked her to return five
days after. On February 6, 1999, Kristina went to the shop to claim the ring, but she was
informed that the same was stolen by a thief who entered the shop the night before.
Kristina filed an action for damages against the jewelry shop which put up the defense of
force majeure. Will the action prosper or not?
41. If the debtor failed to comply with his obligation, he will be liable?

42. Robbery is a fortuitous event?

The Asian financial crisis is a fortuitous event?

43. In NPC v. CA, was NPC held liable? Why or why not?
In Rivera v. Spouses Chua, was Rivera held liable for interest? Why or why not?
In Telefast v. Castro, was telefast held liable for moral damages? Why or why not?