Sunga, Peter Januarius Andrew B.

Obligation & Contracts (FRI / PM05000800)

OBLICON FRI MIDTERMS ASSIGN 1

A. Definitions:

i. Specific or determinate thing:

- A specific or determinate thing is an item or object that is precisely identified or
described in such a way that there is no doubt about its nature or identity.

ii. Generic or indeterminate thing:

- A generic or indeterminate thing is an item or object that lacks precise identification or
description, leading to some degree of uncertainty about its nature or identity.

b. Distinction between specific and generic things:

- Specific things are clearly defined and identifiable, leaving no room for ambiguity about
their characteristics.
- Generic things are less precisely defined, allowing for some uncertainty about their exact
nature.

c. Duties of a debtor:

i. Obligation to give a determinate thing:

- When a debtor has an obligation to provide a determinate (specific) thing, they must
deliver that exact item as specified in the contract or agreement.

ii. Obligation to give a generic thing:

- In the case of an obligation to provide a generic thing, the debtor must deliver an item of
the same kind or quality as the one agreed upon in the contract. It need not be a specific,
pre-identified item.

d. Fruits under the law:

- In legal terms, "fruits" refer to the benefits, profits, or income that can be derived from a
property or thing. These benefits may include rent, interest, crops, or any other
income-producing elements associated with ownership.

e. Right of the creditor to the fruits of the thing and when it arises:

- The creditor has the right to receive the fruits of the thing as long as they are due. This
right typically arises when the obligation becomes enforceable.
f. Concepts of personal right and real right, with a distinction:

- Personal right: A personal right is enforceable against a specific individual or party and
typically arises from contractual obligations. It pertains to specific relationships between
individuals.

- Real right: A real right is a right that is enforceable against the world at large, often
associated with property ownership. It confers a broader set of entitlements and is not
limited to specific individuals or parties.

g. Concept of ownership acquired by delivery:

- Ownership of movable property can be acquired by physically transferring the property

from one party to another. Delivery serves as a common method for transferring ownership.

h. Remedies of the creditor in real obligation:

- In cases of a real obligation, the creditor can pursue remedies such as specific
performance (forcing the debtor to fulfil their obligation) or seeking damages if the debtor
fails to fulfil their obligation.

i. What happens when the debtor delays or has promised delivery to separate
creditors:

- When a debtor delays in fulfilling their obligations or has promised delivery to multiple
creditors, they may be held individually responsible to each creditor for fulfilling their
respective obligations.

j. Concept of accessions and accessories and rights of the creditor:

- Accessions are items that become part of another item (e.g., a building on land).
- Accessories are items used for preserving or enhancing a principal item (e.g., tools for
machinery).
- The rights of the creditor regarding accessions and accessories may include claims to
these items or the benefits derived from them.

k. Situations contemplated in Article 1167 of the NCC:

- Article 1167 of the National Civil Code may address specific scenarios related to
obligations and liabilities. The exact situations covered would depend on the content of the
article.

l. Remedies of the creditor in positive personal obligation:

 - In cases of a positive personal obligation, the creditor can seek remedies such as specific
performance or damages when the debtor fails to fulfil their obligation.

m. What happens when an obligation is performed by a third person:

- When a third party performs an obligation on behalf of the debtor, the debtor may still be
held responsible for fulfilling the obligation, or the third party may assume the obligation,
depending on the circumstances and agreements in place.

n. Remedies of a creditor in negative personal obligations:

- In the context of negative personal obligations, the creditor can seek remedies, including
damages, if the debtor breaches their obligation by failing to refrain from specific actions.

o. Concept of delay and kinds of delay or default:

- Delay, also known as default, occurs when a party fails to fulfil their obligation within the
agreed-upon timeframe.
- Kinds of delay include mora solvendi (delay in payment) and mora accipiendi (delay in
acceptance).

p. Is there delay in negative personal obligations:

- Yes, delay can occur in negative personal obligations if the debtor fails to refrain from
actions they are obligated not to perform.

q. Requisites of delay or default by the debtor:

- To establish debtor delay, specific conditions must be met, including the existence of an
obligation, a delay in performance, notice of the delay to the debtor, and no justifiable excuse
for the delay.

r. Effects of delay:

- The effects of delay may include the accrual of interest, the creditor's right to demand
performance, and potential liability for damages.

s. Instances when demand is not necessary to put the debtor in delay:

- In certain cases, demand may not be necessary to declare the debtor in delay if the
obligation or the law itself specifies that delay automatically occurs upon non-performance.
t. Grounds of liability for damages and measure of liability:

- Liability for damages can arise from various grounds, including breach of contract or
other wrongful acts. The measure of liability depends on the type and extent of the damages
incurred.

u. Meaning of fault or negligence and factors to consider:

- Fault or negligence involves failing to exercise the required degree of care. Factors to
consider include foreseeability and the standard of care.
- The key difference between fraud and negligence is that fraud involves intentional
deception, whereas negligence is an unintentional failure to meet a required standard of
care.

v. Responsibility arising from fraud and negligence:

- Responsibility arising from fraud involves intentional deception and may have different
legal consequences compared to responsibility arising from negligence.
- The effect of waiving the right to take action for future fraud or past fraud may vary based
on legal jurisdiction and specific circumstances.

w. Responsibility arising from negligence:

- Responsibility can arise from negligence when it causes harm or damage. The
consequences of negligence may differ if it is accompanied by bad faith or if the injured
party also contributes to the negligence.

x. Kinds of negligence according to the source of obligation:

- Negligence can stem from various sources, such as contractual obligations or tortious
actions, and may be classified accordingly.

y. Kinds of diligence required:

- The required level of diligence can vary based on the nature of the obligation,
encompassing ordinary diligence, extraordinary diligence, or slight diligence, depending on
the specific circumstances.

z. Concept of fortuitous event and difference from force majeure, including kinds of
fortuitous events:

- A fortuitous event refers to an unforeseen or unpredictable occurrence that could not

have been foreseen or prevented.
 - Force majeure is a legal concept often used in contracts to excuse performance due to
extraordinary events beyond one's control.
- Kinds of fortuitous events may include natural disasters, accidents, or unforeseen
circumstances that render the fulfilment of an obligation impossible.

What are the kinds of fortuitous event

Fortuitous events, often termed as "acts of God" or "force majeure" occurrences, are
unexpected and beyond human control incidents that can disrupt the regular flow of events
and render it exceedingly challenging or impossible for parties to fulfill their contractual
commitments. The types of fortuitous events can vary, encompassing:

1. Natural Calamities:
- Earthquakes
- Hurricanes or typhoons
- Floods
- Tornadoes
- Tsunamis
- Volcanic eruptions
- Wildfires

2. Severe Weather Extremes:

- Intense storms
- Heavy snowfall or blizzards
- Prolonged droughts
- Extraordinary heatwaves

3. Acts of Terrorism and Political Turmoil:

- Terrorist acts
- Civil unrest or riots
- Political uprisings or coups

4. Pandemics and Epidemics:

- Widespread infectious diseases (e.g., COVID-19)

5. Accidents and Industrial Mishaps:

- Nuclear accidents
- Industrial accidents (e.g., chemical spills)
 - Airplane crashes

6. Acts of Nature:
- Events beyond human control, typically attributed to natural forces

7. Legal and Regulatory Modifications:

- Alterations in laws or regulations that render the fulfillment of obligations impracticable

8. Labor Strikes and Work Stoppages:

- Labor strikes disrupting production or services

9. Power Outages and Infrastructure Breakdowns:

- Extensive power failures
- Failures in critical infrastructure (e.g., major bridge collapses)

10. Cyberattacks:
- Large-scale cyber intrusions causing disruptions to services or operations

It's vital to recognize that the specific events falling under the category of fortuitous events
may be outlined within contracts or governed by local laws and regulations. Furthermore,
determining whether an event qualifies as a fortuitous event can be a matter of legal
interpretation and potential dispute. When such events transpire, they often relieve parties
from their contractual obligations, although the precise implications hinge on contract terms,
applicable legal frameworks, and the unique circumstances at hand. Seeking legal counsel is
advisable to gain insight into the treatment of fortuitous events in specific situations.