PSBA-QC

BUSINESS LAW 1 QUESTIONNAIRES

1st Quiz

Name: __AMANTE, HANNA MAE B._

Course: __BSAccountancy_______

1. Peter is obliged to deliver an apple iphone to Jack. Identify the elements of an

obligation in this case. Explain.
 Active subject- The active subject is Jack; he is the one who entitled to
demand the fulfillment of the obligation. Jack has the right to receive the
apple iphone
 Passive subject- The passive subject is Peter; he is the one who is bound
to the fulfillment of the obligation.
 Object or prestation- The prestation is the apple iphone; it is the subject
matter of the obligation
 Juridical tie- The juridical tie is the agreement to deliver; it binds or
connects the parties to the obligation.

2. Enumerate and define the sources of an obligation.

 Law
– obligation arising from law is not presumed or never resumed.
– when they are imposed by law
 Contracts
– are obligatory upon the parties they have the force of law between the
parties and should complied with a good faith.
– obligation arising from law is not presumed or never resumed
 Quasi-Contracts
– arise from lawful, voluntary and unilateral acts by virtue of which the
parties become bound to each other to the end that no one will be
unjustly enriched at the expense of another
– this is not contracts, because no consent is given.
 Delicts
– when they arise from civil liability which is consequence of a criminal
offense
 Quasi- Delicts
– acts or omission, there are being fault or negligence caused by a person
which causes damage to another or his person / property / rights and this
obliges the person who cause damage to pay the injured party.
 – also known as torts
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?

Yes , Peter is under obligation to pay damages caused to his injured passengers by
his act because he is guilty of negligence.

Yes, the operator of the jeepney is liable because the jeepney is his property he has
given rise to an obligation to pay for the damages done, there being fault or
negligence but there is no pre-existing contractual relation between the party.

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. A fortuitous event is any event which
cannot be foreseen, or which though foreseen, is inevitable. In this case there may
be an exception to the general rule, if the object is generic thing, the debtor is liable.
But in the case of Peter, the object or prestation is a specific thing (2-year-old female
chocolate brown Labrador) so that Peter is no longer liable.

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?

No, because this will go against the constitutional prohibition against involuntary
servitude. Peter cannot compel the person to perform an act. The remedy that can
Peter do is to ask that the obligation be performed by some other third person who
is willing to do it, but it will be paid for at the expense 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.
7. When is an obligation demandable at once?

If it is pure obligation which one is not suspended by any condition, an obligation is

demandable at once, whether it has been contracted without any condition, or
when thus contracted, the condition has been performed. It is immediately
demandable.

8. Peter promised to give PhP10,000.00 to Jack if Peter goes to Boracay. When is

Peter’s obligation demandable? Explain.

The demandability of the obligation is suspended until the happening of a certain

condition which constitutes the condition. Jack may not demand the delivery of
Php10,000.00 until he went to Boracay.

9. Peter promised to give a car to Jack until Jack passes Business Law. When is the
obligation demandable? Explain.

The obligation demandable at once but it shall be extinguished upon the happening
of the condition. Jack may demand the delivery of the car now but he must return it
to Peter when he pass the Business Law.

10. Enumerate and define the kinds of obligations according to object.

 Real Obligation – (the obligation to give) is that in which the subject matter is
a thing which the obligor must deliver to the obligee
 Personal Obligation- (obligation to do or not to do) is that in which the
subject matter is an act to be done or not to be done.

11. For whose benefit is the period in an obligation? Give the general rule and the
exceptions to the general rule.

General Rule:
When a period has been agreed upon for the performance or fulfillment of an
obligation, it is presumed to have been established for the benefit of both the
creditor and the debtor.

Exceptions to the General Rule:

The tenor of the obligation or the circumstances may, however show that it was the
intention of the parties constitute the period for the benefit of either the debtor or
 the creditor. The benefit of the period may be the subject of express stipulation of
the parties.
 Term is for the benefit of the debtor alone – He cannot be compelled to pay
prematurely, but he can, if he desires to do so.
 Term is for the benefit of the creditor- he may demand fulfillment even
before the arrival of the term but the debtor cannot require him to accept
payment before the expiration of the stipulated period.

12. In an alternative obligation, who has the right of choice? Give the general rule and
its exception.

General Rule:
As a general rule, the right to choose the prestation belongs to the debtor.

Exception:
By way of exception, it may be exercised by the creditor but only when expressly
granted to him, or by a third person when the right is given to him by common
agreement.

13. Illustrate by way of example the concepts of culpa aquilaina and culpa contractual.
 Culpa Aquiliana:
Assume now that the bird belongs to and is in the Possession of Hanna. The
negligence of Mae which results in the death of the bird is culpa aquiliana. In this
case, there is no pre-existing contractual relation between Hanna and Mae. The
negligence itself is the source of liability.

 Culpa Contractual:
If Jeric entered into a contract of sale with Hanna to deliver a specific bird on a
certain day and the bird died through the negligence of Jeric before deliver, Jeric is
liable for damages to Hanna for having failed to fulfill a pre-existing obligation
(contract may be either express or implied) because of his negligence. This is Culpa
contractual.

14. Explain the Doctrine of Proximate Cause.

15. When does the debtor incur delay? Give the general rule and its exceptions.

General Rule:
 The debtor incurs in delay from the time the creditor demands fulfillment of the
obligation but the debtor fails to comply with such demand (no demand, no delay,
as a rule). The following are the requisites of delay:
a. The debtor does not perform his obligation on the date it is due.
b. The creditor demands the performance of the obligation.
c. The debtor does not comply with the creditor’s demand.

Exceptions:
Delay will exist even without demand in the following cases:
a. When the law so provides
b. When the obligation expressly so declares
c. When time is of the essence of the contract
d. When demand would be useless
e. In reciprocal obligations, where the obligations arise out of the same cause and
must be fulfilled at the same time, from the moment one of the parties fulfill his
obligation, delay by the other begins not with standing the absence of demand.

16. Distinguish mora solvendi from mora accipiendi from compensatio morae.

The mora solvendi is the delay of of the debtor to perform his obligation. The mora
accipiendi is the delay of the creditor to accept the delivery of the thing which is the
object of the obligation. The compensatio morae is the delay of the parties in
reciprocal obligations.

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. Even if the condition is fulfilled, the obligation is not
demandable. Where the potestative condition depends solely upon the will of the
debtor, the conditional obligation shall be void because its validity and compliance is
left to the will of the debtor.