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Cards (73)

  • What is the subject code for the Law on Obligations and Contracts course?
    LAW 101
  • Which of the following is not an essential requisite of an obligation?
    Effective cause
  • What standard of care is required for a person obliged to give something?
    Diligence of a good father of a family
  • In the scenario where Dr. Reid left his fishpond unattended, is there negotiorum gestio between Dr. Reid and Prentiss?
    No, because Reid left only for a vacation and has the intent to return.
  • What is a thing that is particularly designated or physically segregated from all others of the same class?
    Determinate thing
  • What happens to an obligation when a condition is fulfilled at a determinate time?
    The obligation becomes effective from the moment the time indicated has elapsed.
  • If no time has been fixed for a condition, when is it deemed fulfilled?
    At such time as may have probably been contemplated, bearing in mind the nature of the obligation.
  • What type of obligation allows the obligor to render substitution?
    Facultative obligation
  • What is true about conjunctive obligations?
    Once one of the prestations is fulfilled, the obligation is extinguished.
  • In solidary obligations, what right do creditors have?
    Each creditor has the right to demand the entire compliance to the prestation.
  • What do accessions include?
    Natural things produced by a thing or which are incorporated or attached thereto.
  • What do accessories refer to in obligations?
    Those which are destined for embellishment, use, or preservation of another thing.
  • What is a juridical necessity to give?
    Real obligation
  • What type of obligation does Anne Shirley have in selling land to Gilbert Blythe?
    Positive obligation
  • An obligation is a juridical necessity to do what?
    Give, to do or not to do
  • What are moral damages awarded for?
    Physical suffering, mental anguish, and similar injuries.
  • What type of obligation depends on a future or uncertain event?
    Conditional obligation
  • In an obligation to deliver a generic thing, what is the debtor’s responsibility?
    To deliver any item that meets the description.
  • When an obligation involves the debtor refraining from doing something, what is it called?
    Negative personal obligation
  • In which case will fortuitous events exempt the debtor from liability?
    When the debtor did not contribute to the occurrence of the event.
  • What is the object of the obligation that may consist of giving, doing, or not doing something?
    Prestation
  • Which is not a way by which juridical tie is established?
    Acts of God
  • What is a wrong committed without any pre-existing relations between the parties?
    Quasi Delict
  • What is an active aspect of an obligation?
    Right
  • What is the duty not to recover what has been voluntarily paid called?
    Natural Obligation
  • What is the status of any waiver for an action for future fraud?
    Voidable for it shows a vitiation of consent on the part of the party waiving.
  • Can parties stipulate a lower degree of diligence than the diligence of a good father of a family?
    Generally, yes.
  • What type of fraud makes an obligation voidable?
    Dolo incidente
  • What is a kind of obligation wherein performance is not dependent on condition or period?
    Pure obligation
  • What type of condition causes the birth of an obligation?
    Potestative condition
  • What does the phrase “When my means permit me to do so” indicate about an obligation?
    It indicates that the obligation is with a condition.
  • In the case of Star Butterfly and Marco Diaz, what is true about the substitution of the car?
    Star cannot substitute another car in any instance.
  • What remedy is available to a creditor in an obligation to give a generic thing?
    Substitute performance.
  • In an obligation to give a specific thing, when is the obligation to deliver the fruits applicable?
    From the time the obligation to deliver arises.
  • What must be done to put the debtor in delay?
    Demand must be extrajudicial.
  • What is the legal effect on Gilbert’s obligation to deliver apples after the hurricane?
    The obligation is extinguished due to the fortuitous event.
  • What do certain lawful, voluntary, and unilateral acts give rise to?
    The juridical relation that no one shall be unjustly enriched at the expense of another.
  • What is true about obligations derived from law?
    They can be presumed.
  • If a person is criminally liable, what is their civil liability status?
    They are still civilly liable.
  • Which of the following is considered a quasi-contract?
    Negotiorum gestio