MID TERM EXAMINATION

OBLIGATION AND CONTRACTS

2023 Dean M. Sta Maria

Answer with legal basis:

1.) A and B entered into a written contract. They stipulated that if any of them has a claim
under the contract, it must be brought only within 6 months from the time of notice of the breach.
A committed a breach of contract. B notified A of the same on January 2, 2022. B filed the case
on September 2, 2022. A asserted that the action had prescribed. B asserted that the law provides
that , for written contracts, 10 years was the prescriptive period and therefore the stipulation was
void and hence he could still file the case. Who is correct? 10 points
2.) The construction contract between A and B stipulated that the house of A will be delivered
by B on March 29, 2022. It was not delivered on that day. Was B in legal delay already on March
30, 2022? If a case were to be filed for breach of contract and damages would be awarded to A,
what will be the measure of damages? 10 Points
3.) A and B entered in a contract providing that A will sell a gold ballpen to B for only one
Peso if X will not go to the moon by walking in one day. Is the whole contract ineffective? 10
Points
4.) A and B are the solidary debtors of X in the amount of P2,000. X allowed B to pay P1000
only and the balance payable the next week. B paid the initial P1000. Can B collect P500 from A?
10 Points
5.) If fraud is committed, what is the difference between the damages collectible when there
is a penalty clause and when there is a stipulation for liquidated damages? 10 Points
6.) To pay his debt, A issued a check dated January 2, 2022 in favor of his creditor B in relation
to their written contract of loan. The check should be encashed on the said date. It was on
December 2022 when B tried to encash the check but it was dishonored. B was negligent in not
encashing it. B went to A to demand payment of the loan. A claimed that because of B’s negligence
, the check was impaired and therefore the obligation was already considered paid. Is A correct?
10 Points
7.) A sold to B a bicycle to be delivered by A to B in Cabuyao Laguna on January 3, 2022.
The delivery was stipulated to be through EDSA and through any available route. It was a future
prestation. However on the said date, EDSA was closed and the only available route was through
Antipolo, Morong, Teresa and Sinaloan. Such route however became extremely difficult to pass
through because of some conditions/circumstances of the roads which were not foreseen and such
difficulty was not due to the act of A and B. Undeniably, the situation became manifestly beyond
the the contemplation of the parties. A therefore claimed that he may now be released from
complying with the obligation under Article 1267 of the Civil Code. Is A correct?
8.) What is an inofficious donation?
9.) A is indebted to B. X informed B that he (X) will categorically pay the obligation of A. A
agreed on the arrangement. However when the debt became due, B still collected from A. A
claimed that there was novation by the change of debtors. Is A correct?
10.) What is the difference between Assignment of Credit and Subrogation?

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