PSBA-QC

BUSINESS LAW 1
1st Quiz

Name: Almonte, James Benedict M._

Course: _BSA__________________

1. Peter is obliged to deliver an Apple iPhone to Jack. Identify the elements of an obligation in
this case. Explain.
 Peter is the Obligor or the passive subject because he is the one who is bound to the
fulfillment of obligation.
 Jack is the Obligee or the active subject because he is the one who demand the
obligation.
 Delivering the Apple iPhone is the Prestation or the subject matter because it is a duty
to do or not to do in fulfillment of an obligation.
 The agreement of the delivery is called the juridical tie because it binds the parties
together
2. Enumerate and define the sources of an obligation.
 Law is the rule of conduct lay down by authority for common good
 Contracts is the meeting of minds between two persons whereby one binds himself,
with respect to the other, to give something or to render some service
 Quasi Contracts is an agreement of two partis that has no contracts
o Negotiorum Gestio is the voluntary management of the property or affair of
another without the knowledge or consent of the other party
o Solutio Indebitii is a juridical relation which is created when a thing is
receive with no right demand it and it is unduly delivered through mistake
 Delicts an act that is wrong and cause damages to other parties.
 Quasi Delicts is an acts or omissions that bring fault or negligence caused by a
person.
3. Peter is a driver of a passenger jeepney. One day when Peter was driving the jeepney, his
cellular phone rang. Peter answered the call and because of this he lost control of the
jeepney causing an accident injuring his passengers. Is Peter liable for damages in favor of
his injured passengers? Why? In case Peter is not able to pay damages to his injured
passengers, may the passengers demand payment of damages from owner-operator of the
jeepney? Why?
 Peter is liable for the damages because he is the one who drive the jeepney also
because of the negligence of the driver, the passengers got hurt then he is liable for
all the damages. In case the driver is not able to pay the damages the owner-
operator will be demanded for the payment of the damages because the driver is
the employee of the operator.
4. Peter promised to deliver a 2-year-old female chocolate brown Labrador retriever to Jack.
The 2-year-old female chocolate brown Labrador retriever was lost due to fortuitous event.
Is Peter still liable? Explain.
 No, Peter is no longer liable to deliver a 2-year-old female chocolate brown
Labrador because it was lost due to fortuitous event because the object or the
subject matter is a specific thing.
5. Jack is obliged to wash the car of Peter on July 1, 2018. On July 1, 2018, Peter reminds Jack
of his obligation to wash the car. Jack changed his mind and does not want to wash the car
of Peter. May Jack be compelled to wash the car of Peter? Why?
 Yes, Jack may be compelled because peter already demand it and he remind jack on
the day of the agreement then jack must wash the car of peter.
6. Jack is obliged to pay 5Million pesos to Peter. On due date Peter demanded payment from
Jack but Jack failed to pay. What are the remedies of Peter so that payment can be made?
Explain each remedy fully.
 Peter may demand an interest due to the delay of the payment.
 Peter may go to the court and the court will make Jack pay the 5Million pesos to
Peter.
7. When is an obligation demandable at once?
 If the obligation does not depend on the future event or past event then it is
demandable at once.
8. Peter promised to give PhP10,000.00 to Jack if Peter goes to Boracay. When is Peter’s
obligation demandable? Explain.
 Peter’s obligation only demandable when he is already in Boracay because that is
the only agreement they had. If Peter is not in Boracay he is not yet obliged to give
10,000 to Jack.
9. Peter promised to give a car to Jack until Jack passes Business Law 1. When is the obligation
demandable? Explain.
 The obligation only demandable if Jack passes Business Law 1 because the
obligation is not demandable if it depends on the future event.
10. Enumerate and define the kinds of obligations according to object.
 Personal Obligation is when the thing is to be delivered to the creditor.
 Real Obligation is when the thing has been delivered, then you can tell the world
that you acquire that thing.
11. For whose benefit is the period in an obligation? Give the general rule and the exceptions to
the general rule.
 Creditor and debtor benefited for the period of an obligation.
 When the period for the obligation has been agreed upon, it is presumed that it was
made with both the benefit of the creditor and the debtor
12. In an alternative obligation, who has the right of choice? Give the general rule and its
exception.
 The Debtor has the right of choice except if it has been specifically granted to the
creditor or a third party.
13. Illustrate by way of example the concepts of culpa aquilaina and culpa contractual.
 Culpa Aquiliana: If Peter’s little dog got away and in the possession of Jack, the
death of the little dog resulted due to the negligence of Peter. There is no
contractual relation between Peter and Jack.
 Culpa Contractual: Jack entered into a contract to deliver a specific dog to Peter. On
the day of delivery the dog died due to the negligence of Jack. Jack is liable for the
damages because of failing to fulfill his obligation.
14. Explain the Doctrine of Proximate Cause.
 A plaintiff must prove that the defendant's acts started a reasonably foreseeable
series of circumstances that resulted in the plaintiff's damages.
15. When does the debtor incur delay? Give the general rule and its exceptions.
 There is only a delay if there is a demand from the creditor except if the law
provides the date and if both parties have stipulated.
16. Distinguish mora solvendi from mora accipiendi from compensatio morae.
 Mora solvendi is the default or delay of the debtor
 Mora accipiendi is the default ot delay of the creditor
 Compensatio morae is default or delay of both debtor and creditor
17. Peter promised to deliver a car to Jose if Peter goes to Hongkong. Is the obligation valid or
void? Explain.
 The obligation is void. The obligation will only valid if and only if Peter is in
Hongkong
18. Peter promised to deliver a car to Jose until Peter goes to Hongkong. Is the obligation valid
or void? Explain.
 The obligation is valid because it was meant for Peter to go to Hongkong for the
delivery of a car to Jose