A Bought Strawberry Jams From A Grocery Store of Ray Moon Ace Calla Lily Corp

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1. A bought strawberry jams from a grocery store of Ray Moon Ace Calla Lily Corp.

and was
hospitalized due to food poisoning as a result of toxic substance contained in the said jam sold
by the Ray Moon Ace Calla Lily Corp. A is now suing the said corporation for damages. Decide:
a. A has no right to claim damages from the producer because there was no contract
between them.
b. Ray Moon Ace Calla Lily Corp., is not liable to A because the latter was negligent in
eating the straw berry jams despite the presence of harmful substance therein.
c. A must claim damages from the grocery store because under quasi – contract due to its
negligence in the preparation of the strawberry jams causing damage to A.
d. Ray Moon Ace Calla Lily Corp. is liable for damages under Quasi – delict due to its
negligence in the preparation of the strawberry jams thus causing damage to A

Del, a resident of Perez St., Dagupan City, Pangasinan, owes Cony a resident of Sampaloc,
Manila, P20,000 and the contract fails to stipulate the place of payment. The place of payment
must be:
A. Wherever they may see each other upon the maturity of the debt.
B. In Sampaloc, Manila
C. Anywhere in Dagupan
D. In the domicile of Del in Perez St., Dagupan City
. D owes C P500,000. Before the debt was paid, D died leaving his only son, B –
A. If the value of the properties left by D is P1,000,000, B is obliged to pay the entire
P1,000,000 to C.
B. If the value of the properties left by D is P500,000, B is obliged to pay the entirety to
C.
C. If the value of the properties left by D is P400,000, B is has to pay the entire P400,000
and make good the deficiency of P100,000.
D. If B did not inherit anything from D and B is very rich in his own right, B can be
compelled by C to pay the debt of his father.
Not a requisite of stipulation pour autri
A. The third person is incidentally benefited by the stipulation.
B. The stipulation in favor of a third person must be a part of the contract, and not the
contract itself.
C. The favorable stipulation should not be conditioned or compensated by any kind of
obligation.
D. Neither of the contracting parties bears the legal representation or authorization of the
third party.
E. 6. Contracts are effective and binding only between the parties, their assigns and their heirs.
Three of the following enumeration are exceptions as provided by law which does not belong to
the exception?
F. A. Where there is stipulation in favor of a third party.
G. B. Where one of the parties to the contract dies and thereafter a suit is filed on the basis
of the contact.
H. C. Where the obligations arising from contract are not transmissible by their nature.
D. Where the obligations arising from the contract are not transmissible by stipulation or by
provision of la Statement 1. If the law or contract does not state the diligence which is to be observed in
the

performance of the obligation, neither party is liable for negligence.

Statement 2. If a party is negligent and at the same time in bad faith, he shall be liable for

damages by reason of fraud.

A. True; False C. Both statements are true

B. False; True D. Both statements are false

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