True or False. If your answer is true, explain why it is true.

If your answer is false, rectify or

restate the false statement to make it true.

1) Negligence is defined as the attention and care required of a person in a given situation and
is the opposite of diligence.
Answer: False
Diligence is defined as the attention and care required of a person in a given situation and is the
opposite of negligence.

2) Negligence is a question of law.

Answer: True
For negligence to be verified as true, a trial needs to happen to confirm facts and lies.

3) If the law or contract does not state the diligence which is to be observed in the performance
of an obligation, ordinary or extraordinary diligence shall be observed.
Answer: True
Article 1173 states that if the law or contract does not state the diligence which is to be observed in
the performance, that which is expected of a good father of a family shall be required.

4) In all cases, if the obligor failed to perform his obligation by reason of a fortuitous event, the
said debtor is exempted from any liability.
Answer: False
In some cases, if the obligor failed to perform his obligation by reason of a fortuitous event, the
said debtor is exempted from any liability.

5) Force majeure is an event which is absolutely independent of human intervention. It is also

called an act of God.
Answer: True
Force majeure is just another word for fortuitous event.

6) Earthquake is an ordinary fortuitous event.

Answer: True
Earthquake is a natural occurrence such as floods, typhoons, or storms

7) It is not incumbent for the party charged with responsibility to prove the force majeure.
Answer: False
It is incumbent for the party charged with responsibility to prove the force majeure.

8) As a general rule, an obligor is liable despite the occurrence of a fortuitous event. One of the
exceptions to this rule is when the obligor is in delay.
Answer: True
The obligor need to shoulder every obligation even in the occurrences of a fortuitous events.
9) Mechanical defects in common carriers are not fortuitous events.
Answer: True
Mechanical defects are not fortuitous events because it is not unavoidable.

10) Defective breaks [of a vehicle] do not constitute fortuitous events.

Answer: True
Defective breaks are not unavoidable.