Aron B.

Villanueva
BSBA MM-21
Obligations & ContractBusiness Law
Activity# 2

I. Checkpoint
Checkpoint 1: What are the effects of breaching a positive personal obligation?
 They are, generally speaking, "to do something" tasks in order to uphold equality and
protection of human rights.
Example:
A. Marco was needed to repair Sofia’s laptop on the next day.
B. Before the school began, Lucy had pushed herself to wash Hannah's transparent journal.

Checkpoint 2: What are the requisites of a fortuitous event?

 The foregoing conditions must be fulfilled in order to exclude the obligor from
responsibility for the breach of an obligation by means of a fortuitous event.
1. The cause is independent from the debtor's will;
2. The occurrence is unpredictable or inevitable;
3. The event makes it absolutely impossible for the debtor to fulfill his duty normally; the
impossibility must be absolute, not partial, not force majeure otherwise; and
4. The debtor is exempt from any involvement in aggravating the creditor's injury.

Checkpoint 3: Does every act of negligence make the debtor liable?

 If only one of the advantages by which it is alternatively bound is feasible, the debtor will
lose the right of choice.
Checkpoint 4: What are the exceptions to the rule on transmissibility?
1) When the law prohibits transmission of rights
2) When the contract stipulates no transmission of rights
3) When the nature of the obligation does not permit transmission of rights, as when the
obligation is personal in nature.

II. Discussion
1. Give the rules as to the liability of a person for loss or damage resulting from a
fortuitous event.
 A person is not responsible for loss or damage resulting from a fortuitous event. Thus, his
duty will be extinguished. Except where expressly provided for in law, declared by
stipulation, or where the nature of the obligation requires the assumption of risk.
2. What rights are given by law to the creditor in case the debtor fails to comply with
his obligation to deliver a specific thing?
 The creditor may request specific service or satisfaction of the duty of compensation for
damages, OR claim revocation or cancelation of the duty of compensation for damages,
OR claim compensation for damages only if this is the only possible solution.
3. What are included to be delivered in an obligation to give a definite thing?
 The obligation involves the distribution of all of its accessions and accessories. The fruits
of a thing or improvements or additions to a thing are accessions. Accessories are objects
that are combined with or used with the key item for the embellishment, improved use, or
completion of the above.
4. Suppose the obligation of the debtor is to do something and he fails to do it or
performs it in contravention of the agreement, what are the remedies available to the
creditor?
 In the event that the debtor fails to comply, the borrower is entitled, at the expense of the
debtor and to collect damages, to have the obligation fulfilled by himself or by another
person (unless personal interests are involved). If the debtor acts according to the criteria,
the court may order that it be cancelled (if still possible to undo what was done)
5. Can a debtor be put in delay and consequently, incur liability even without demand
from creditor?
 No, unless the borrower claims, it is assumed that the claimant is granted an extension of
time and that the claimant is not liable for penalties.
6. May an action arising from fraud be waived?
 Yes, if the creditor decides, with full recognition of the offense committed by the debtor,
to waive his right of repayment, it is viewed as an act of reconciliation between the
former and the latter. The waiver is void only if it is a waiver of an action for future
misconduct.
7. May an action arising from negligence be waived?
 Yes, an action for future failure can be avoided, even where the essence of the obligation
requires the exercise, as in the case of common carriers, of exceptional diligence and
where negligence implies moral bankruptcy.
III. Problems

1.) S (seller) sold to B (buyer) on July 5, a horse named Silver to be delivered on July
20. However, on July 15, S sold again and delivered the horse to T. Who has a better right
to Silver?
 The borrower shall have the right to the fruits of the matter from the moment the duty
arises to supply it. However, once the same has been handed over to him, he shall not
acquire any real right over it.
 T's got a better Silver right than B.

2.) S sold to B a specific refrigerator which S agreed to deliver not later than July 31, S
did not deliver the refrigerator on said date. Is S guilty of legal delay?
 Those that are obliged to deliver or to do anything suffer a pause from the moment the
obligee requests them, either judicially or extrajudicial, to satisfy their duty.
 S is guilty of delaying the statute. Delay on the part of the debtor in the execution of the
duty. It's named Mora Solvendi.
3.) S promised to deliver to B a female horse named Suzie on July 10. Suzie gave birth to a
colt on July 5.
A. What are the obligations of S?
 Cover the thing, delivering the fruits of the thing, delivery of accessions and accessories,
deliver the thing on its own.
 Answer for damages in case of non-compliance or infringement
B. Who has the right to the colt?
 S has the right to the colt.
C. Who is the lawful owner of Suzie in case it was sold and delivered by S to T on July 8?
 T is the rightful owner of Suzie. T's got a true right to Suzie.
4. D (debtor) borrowed P 20,000.00 from C (creditor) payable after one (1) year? Is D liable
to pay interest?
 D is liable to pay interest to C if it has expressly stipulated that a certain amount of
interest can be recovered by C. There is a written arrangement on concern between D and
C. Payment of interest shall be void if there is no consensus on interest every year.
5. R (lessor) issued a receipt that E (lessee) has paid rent for the months of March 2008,
Can R still collect from E the rents for January and February 2008?
 The receipt of the principal by the creditor without reservation with respect to the
interest, shall give rise to the presumption that said interest has been paid.
 Yes, R can still collect the rents for January and February 2008 from E.