1. Enumerate the ways in which an obligation may be extinguished.

Modes of extinguishment of an Obligation

1. Payment or performance
2. Loss of the thing due.
3. Condonation or remission of the debt.
4. Confusion or merger of the rights of creditor and debtor.
5. Compensation.
6. Novation; and
7. Other causes, such as:
 Annulment;
 Rescission;
 Fulfillment of a  resolutory condition;
 Prescription;
 Death of a party in case the obligation is a personal one;
 Mutual dissent or withdrawal;
 Arrival of a resolutory period;
 Impossibility of fulfillment;
 Happening of a fortuitous event;
 Renunciation or waiver; and
 Change of civil status.

2. Discuss the current security measures undertaken by airline companies in order to prevent or minimize hijacking incidents.
Discuss its relevance and applicability in relation to a Supreme court decision (force majeure).
Security measures to protect airliners from hijacking and terrorism began in the 1960s and increased to unprecedented levels after September
11, 2001.
The FAA placed armed sky marshals aboard airliners. In 1973 it began using metal detectors and x-ray machines to search for weapons and
explosives. Despite such measures, airlines remained vulnerable.
In the 1980s, the FAA and the airlines instituted further security measures:
 Searching the interior of every airliner before the first flight each day.
 Guarding aircraft while on the ground.
 Inspecting the property of all maintenance and support personnel.
 Matching checked baggage with the names of passengers.
Questioning passengers to ensure they have not accepted packages from strangers.
In response to September 11, the Transportation Security Administration (TSA) was created by the Aviation and Transportation Security Act of
November 2001. TSA soon took over airport security and installed a new federal workforce to screen passengers and baggage. TSA became
part of the newly formed Department of Homeland Security in 2003.

September 11th attacks is a case of terrorism. But then finding an appropriate definition of terrorism is very difficult. The definition chosen will
be very important for an exemption from contract obligations. The boundaries of exemptions should be left up to the parties' intention.
Nevertheless, the lack of ability to foresee what difficulties might arise in a contractual relationship seems to some extent to be lacking. With all
the definitions, it is clear that the act directed against anyone and anything to create fear, and promote some ideological goal will be seen as
terror or act of war, and qualified for a force majeure.

3. Is coup d’etat considered force majeure? Discuss its legal implications to the hotel industry which might be used as
headquarter in case of military takeover.

Whether the coup entitles a party to invoke a force majeure clause will depend upon the construction of the clause and the factual
circumstances regarding the performance of the contract. The key is whether the coup and/or the measures resulting from the coup,
like the midnight curfew, would prevent a party from performing the relevant contract.
In the event that a hotel was used as headquarter during a military takeover, should be review. An increase of costs or minor
inconvenience would only constitute a hindrance and would not be sufficient to prevent the party from performing the contract but if
the circumstances will prevent the party, in this case the hotel administration to perform the contract they have with their clients and
since the occurrence is not in the party’s power of control then this could justify a force majeure occurrence.

4. Banquet agreement
a. Secure a copy of a hotel or restaurant banquet agreement.
 Please see below for Barone’s Tucsan Grill Banquet Agreement.
b. Examine the provisions in the agreement and analyze whether such provisions are fair and justifiable.

The Banquet Agreement of Barone's Tucsan Grill is fair and justifiable, most especially with the reservation date and deadlines.
Reservation deposits and fees for decoration violations and extra rooms are acceptable at both the restaurant's and host's ends.
Tax percentage is also good since the merchant is following state law. 

c. Can you suggest ways to improve the banquet agreement?

I suggest that the merchant revisit Section 1A, your guaranteed guest count will be 20% less than the total guests invited unless
additional room(s) are being reserved. 
It will be an inconvenience to the host given the situation that all invited guests confirmed attendance. Since the host or the
customer has 14 days to submit the final count of guests, the merchant should have enough time to prepare the event place, rooms,
and food enough to cover the customer's final guest list. 

5. When debt is considered paid?

Only after the thing or service that the obligation consists of has been completely delivered (in real obligation) or rendered (in
personal obligation) is a debt (or obligation) considered paid.

5. Define the following:

a. Payment; is the transfer of money, goods, or services in exchange for goods and services in acceptable proportions that have been
previously agreed upon by all parties involved. A payment can be made in the form of services exchanged, cash, check, wire
transfer, credit card, or debit card.

b. Dation in payment; a mode of discharging a debt or claim by the debtor's giving to the creditor with the latter's consent something in
full satisfaction of the obligation but of a character different from that originally called for by the obligation

c. Application in payment;payment by cession; (1) Two or more creditors; (2) Partially insolvent; (3) Assignment must involve all the
properties of the debtor; (4) Must be accepted by the creditors.

d. Consignation. Consignment is when a shop sells goods for an owner. The owner keeps ownership of his item until it
sells, if it sells. As the owner, you'd pay a small fee to the shop as compensation for them selling your item. 

7. May an obligor recover although there has been no strict and complete fulfilment by him of his obligation?
If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a
strict and complete fulfillment, less damages suffered by the oblige.

7. What must be delivered when the obligation consists of:

a. The delivery of a specific thing?  The very thing or service or forbearance due. The creditor cannot be compelled to
receive a different prestation.
b. The delivery of a generic thing? The thing must be of the quantity and quality specified. If no quality is specified, the
creditor may not demand a thing of superior quality and the debtor may not deliver a thing of inferior quality.

9. When is partial performance of an obligation allowed?

As a general rule, the creditor cannot be compelled to accept, and the debtor cannot be required to make partial payments or
performance. The exceptions to this rule are:
1. When there is an express stipulation or provision of law to that effect;
2. When the debt is in part liquidated and in part unliquidated; and
3. When the different prestations in which the obligation consists are subject to different periods or conditions which affect some of
them.

10. What must a debtor do to be released from his obligation if the creditor refuses to accept payment without any justifiable reason?
Under article 1176 of the old Civil code, "if the creditor to whom a tender of payment is made refuses to accept it, without reason, the debtor
shall released from liability by the consignation of the thing due."

9. X obliged himself to deliver to Y a specific carabao to Y on July 31. The carabao died on July 25. Y has no proof that X was
negligent. Is X liable to Y?
Yes, X is liable to Y as X has not yet fulfilled his duty to deliver to Y.
 9. X obliges himself to deliver a specific thing to Y on a certain date. The thing was lost by X without his fault and before he has
uncured in delay. Does its mean that X is already exempt from liability?
Article 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the
fault of the debtor, and before he has incurred in delay.
When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall
be responsible for damages. The same rule applies when the nature of the obligation requires the assumption of risk.

9. Give the requisites in order that a condonation or remission or debt may be valid.
For condonation or remission to be valid, the following requisites must concur: the existence of a demandable debt, renunciation of the debt is
purely gratuitous, acceptance of the condonation or remission by the debtor, formalities required by law on donation must be complied with,
what has been condoned or remitted must not be in officious. Condonation or remission is essentially gratuitous, and requires the acceptance
by the obligor. It may be made expressly or impliedly. In every novation there are four essential requisites: (1) a previous valid obligation; (2)
the agreement of all the parties to the new contract; (3) the extinguishment of the old contract; and (4) validity of the new one.

9. What is the rationale behind confusion or merger as a mode of extinguishing an obligation?

According to Article 1275, the reason behind confusion or merger as a mode of extinguishing an obligation is if a debtor is his own creditor,
enforcement of the obligation becomes absurd since a person cannot claim payment from himself.

9. T tells C that T is will pay the debt of D. C agrees. Is D released from his obligation to C?
Yes. The payment from T is valid so far as it has redounded to the benefit of the creditor and/or the payment was made in good faith to a
person in possession of the credit.

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 Barone's Tuscan Grill Banquet Agreement
Thank you for choosing Barone’s Tuscan Grill. Please be sure to read the following agreement, our
FAQ’s and Decorating Guidelines that are available on our website and initial where indicated.
Please contact us with any questions that you may have.
Deposit and Confirmation
To secure your reservation, please return this signed agreement along with your 25% deposit. All
deposits are non-refundable and can be paid by cash, check or credit card. A $35 fee will be placed
on returned checks. Deposits will be applied to the remaining balance due at the conclusion of the
event, payable by cash or credit card. BTG reserves the right to release function space which has
not been confirmed by the receipt of the signed agreement and or deposit.
Guest Count:
As a rule of thumb, 20% of the invited guests will be unable to attend. This number will be your
guaranteed guest count when booking your event in order to reserve the appropriate amount of
space to accommodate your guests*. Providing a final guest count is the responsibility of the host
and must be submitted 14 days prior to your event date. You will be charged for the final guest count
or the actual number of guests in attendance, whichever is greater. Once the final guest count has
been submitted, it is not subject to reduction. If a final count is not received, the party will be charged
for the full invited count listed on the agreement. Tray(s) of 1 of your included entree choices can be
provided for the difference in the final count and those in actual attendance.                                       
Initials________
 
Rooms, Set-up and Clean-up:
1. Room assignments are made according to the maximum number of guests anticipated. Because
these numbers may vary from the final guest count, BTG reserves the right to change room
assignments to best accommodate either increasing or decreasing attendance. Please be sure to
not invite more than the number provided us to insure that all of your guests can be accommodated. 
Initials________
  a. For parties of 65 or more that require an extended room(s), the guaranteed minimum
guest count must be no less than 5 people of the invited count   in order to hold the maximum
space needed should everyone attend*.                                                                                         
Initials________
  b.  Although we do our best to provide privacy for each party, private rooms are not
guaranteed. Rooms and their setup are not designated until all final   guest counts have been
received. The appropriate space is provided based on this count.                                               
Initials________
  c.  Because we are a restaurant and not a banquet hall, our space is limited. Our staff will
need to be able to move around freelyin order to properly   serve your guests; therefore, large
props, chairs and decorations are prohibited.  The cost of repairs, damage  or injury
incurred by or to large decor   will be the responsibility of the host. Decorations cannot be
attached to ANY surface by ANY  means and our furniture, decor/holiday decor   cannot
be moved or removed. A $50 fee will be added for each and every violation of this policy.
Please read our Decorating Guidelines before   planning  your decorations or please ask a
Barone's employee if you are unsure.                                                                                   
Initials_______
  d. Most luncheons are from 12pm to 3:30pm. We invite you to begin decorating at 11am and
invite your guests to arrive at 12pm. Due to limited space,     decorations, cake and alcoholic
beverages cannot be received prior to your event date unless special accommodations have
been approved by   management.                                                                                                 
Initials________                          e. BTG is not responsible for the set up, removal or discarding
of any decorations. Any loss or damage of any items left behind will be the sole responsibility of
the group.                                                                                                                                       
Initials________                         f. Clean up of the premises must be completed by 3:30pm for
 luncheon events and 9:45pm for dinner events unless otherwise approved.                                 
Initials________                           g. The host is responsible for insuring that the following rules
are adhered to by those who are assisting in the planning and setting up/cleaning up the
premises.                                                                                                                                         
Initials________
  
Menu Selection:
2. BTG will prepare and charge for food based on the final guest count received. Menu selections
are the responsibility of the host and must be
finalized 14 days prior to the event. Menu selections not finalized within this time frame are subject
to a “Default Menu”.        Initials________
      a. All food will be provided by BTG. Other than a celebration cake, no outside food is permitted.
Outside food will not be allowed to be served
      unless a request has been submitted by email and approved by management at an additional
charge of $2.00 per person.  No exceptions.                                                                                         
Initials________
      b. BTG does not provide juice, carafes or service ware for outside items with the exception of
wine and champagne glasses, beverage tubs and ice.                                                                         
Initials________
 
     c. Events with a start time of 2pm or after are required to choose from the Dinner Banquet Menu. 
Initials________
     d. Menu selections, prices and fees are subject to  change without notice.                                      
Initials________                                                    
  
Tax and Gratuity:
New Jersey sales tax and 20% gratuity will be automatically added to the bill. Additional gratuity can
be added if deemed appropriate by the host.
                                                                                 
Initials________
 
Organizer’s Name: _________________________ Event
Day/Date/Time:_____________________________
 
Address: _______________________________ City ___________________ State
_____ Zip ____________
 
Occasion:________________________________ Guest of Honor’s Name:
___________________________
 
Phone #: _______________________________    Email:
__________________________________________
 
Number of Guest Being Invited: ______________                   Number of Children Includd
in this Count:____________
 
(*Knowing how many people are being invited helps us to reserve the appropriate amount
of space to accommodate your guests so please be as accurate as possible and continue
to keep us updated as your RSVP’s are received. Your guaranteed guest count will be
20% less than the total guests invited unless additional room(s) are being reserved **See
section 1a. Notifying us as early as possible allows us to try to rebook the additional
space that is no longer needed. If we are able to do so, your guaranteed guest count can
be adjusted).
 
 
I have read and understand the conditions outlined in the Banquet Agreement and FAQ’s.
I agree to comply with the stated conditions.
 
Print Name: __________________________ Signature: ________________________
Date: ___________
 
 
Please return your signed agreement to the above address or email to
BaronesTuscanGrillInfo@gmail.com
 

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