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PART 1: Memory aid and application.

1.What are the five(5) sources of obligations?

1.Law

2.Contracts

3. Quasi- Contracts

4.Crimes or acts or omissions punished by law

5. Quasi- delicts or torts

2. What are the two (2) things to consider in order that a contract will have a binding legal effect on the
parties who sign it?

• All parties must agree about an offer made by one party and accepted by the other.

• Something of value must be exchanged for something else of value. This can include goods,
cash, services, or a pledge to exchange these items.

3.What are the three (3) types of diligence?

• Ordinary diligence

• Extraordinary diligence

• Slight diligence

4.Differentiate Specific and determine thing(SDT) from a Generic and indeterminate thing (GIT)

Indeterminate or generic thing is the opposite of determinate or specific thing; that is, generic or
indeterminate thing is not particularly designated or physically segregated from all others of the same
class. It means that a thing cannot be specifically determined from things of the same class. The thing
can be replaced by another thing that is of the same quality.

5. What are the four (4) grounds for liability for damages?

• Compensatory damages

•Punitive damages

• Special damages

• General damages
6. What are the three (3) kinds of mora?

• Mora Solvendi ( Mora of the debtor)

• Mora Accipiendi (Mora of the creditor)

• Compensation Morae

7. What are the two (2) kinds of dolo

• Dolo incidente

• Dolo causante

8. What are the three (3) kinds of culpa? (3 points)

• Culpa contractual

• Culpa aquiliana

• Culpa criminal

9. What are the two (2) kinds of fortuitous event? (2 points)

• Act of man

• Act of God

10. What are two (2) kinds of presumption?

• Presumptions of mere Law

• Presumptions of law and fact

11. Give three (3) examples of the exception as provided for by law to the transmissibility of rights?
(3 points)

• If the law provides otherwise

• If the contract provides otherwise

• If the obligation is purely personal


The tricycle driven by A suddenly bumped the rear side of a bus owned by B and driven by C. The bus
driver, C, was shocked by the impact and got nervous and he suddenly caused the bus to swerve and hit
a Ford Everest car owned by D parked on the side of the road and. Unfortunately, at that particular time,
E, a six (6) months pregnant woman was about to cross the street and she was hit by the Ford Everest
car when it moved forward after it was bumped on its rear side by the bus. As a result of the accident, E
suffered bodily injury and a miscarriage happened and her baby died. What is the extent of the liability
of A, B, C, D, or E, if any? Why? (5 points)

If you are the lawyer of E, what case will you file in court due to the injury she suffered and the loss of
the baby? Explain. (5 points)

PART 2: Multiple Choice By Problem Solving

14.C

15.A

16.C

17.A

18.B

19.A

20.C

21.D

22.B

23.C

24.B

25.A

26.B

27.B

28.A

PART 3: Multiple Choice By TRUE Or FALSE Questions

29.A

30.C
31.A

32.A

33.A

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