Nancy obligated herself to deliver either a yellow bag or a hand-painted book to her friend Bree. As the debtor, Nancy had the right to choose which item to deliver. Nancy chose to deliver the yellow bag. Subsequently, the yellow bag was destroyed through no fault of Nancy's.
While both the yellow bag and book were lost, Nancy's obligation to deliver the yellow bag remains because it represented a generic type of item, not a specific one. As the chosen performance, Nancy must replace the yellow bag to fulfill her obligation, even though the original bag was lost through no fault of her own. The destruction of the book does not impact Nancy's obligation since she had chosen to deliver the yellow
Nancy obligated herself to deliver either a yellow bag or a hand-painted book to her friend Bree. As the debtor, Nancy had the right to choose which item to deliver. Nancy chose to deliver the yellow bag. Subsequently, the yellow bag was destroyed through no fault of Nancy's.
While both the yellow bag and book were lost, Nancy's obligation to deliver the yellow bag remains because it represented a generic type of item, not a specific one. As the chosen performance, Nancy must replace the yellow bag to fulfill her obligation, even though the original bag was lost through no fault of her own. The destruction of the book does not impact Nancy's obligation since she had chosen to deliver the yellow
Nancy obligated herself to deliver either a yellow bag or a hand-painted book to her friend Bree. As the debtor, Nancy had the right to choose which item to deliver. Nancy chose to deliver the yellow bag. Subsequently, the yellow bag was destroyed through no fault of Nancy's.
While both the yellow bag and book were lost, Nancy's obligation to deliver the yellow bag remains because it represented a generic type of item, not a specific one. As the chosen performance, Nancy must replace the yellow bag to fulfill her obligation, even though the original bag was lost through no fault of her own. The destruction of the book does not impact Nancy's obligation since she had chosen to deliver the yellow
Nancy obligated herself to deliver either a yellow bag or a hand-painted book to her friend Bree. As the debtor, Nancy had the right to choose which item to deliver. Nancy chose to deliver the yellow bag. Subsequently, the yellow bag was destroyed through no fault of Nancy's.
While both the yellow bag and book were lost, Nancy's obligation to deliver the yellow bag remains because it represented a generic type of item, not a specific one. As the chosen performance, Nancy must replace the yellow bag to fulfill her obligation, even though the original bag was lost through no fault of her own. The destruction of the book does not impact Nancy's obligation since she had chosen to deliver the yellow
An alternative obligation is one wherein various through a fortuitous event? Is there still any liability? prestations are due but the performance of one of them The obligation to deliver a yellow bag remains because is sufficient as determined by the choice which, as a genus never perishes. general rule, belongs to the debtor. What is a facultative obligation? Nancy obliges herself to deliver to her best friend Bree A facultative obligation is one where only one a yellow bag or her hand painted book. Who has the prestation has been agreed upon but the obligor may right of choice? render another in substitution. The right of choice belongs to the debtor, Nancy. As to number of obligation(s) what’s the difference On July 1 Nancy decided to just deliver a yellow bag on between alternative and facultative obligations? July 10. On July 3 Nancy informed Bree. What happened to the obligation? Alternative obligation – several obligations are The obligation becomes a simple obligation. due but compliance with one is sufficient Facultative obligation – only one prestation is On July 5 a yellow bag that Nancy is supposed to due although the debtor is allowed to substitute deliver to Bree was struck by lightning, destroying it it. completely. What happens to the obligation? The obligation is not extinguished because of the object; the yellow bag is a generic thing.
What if on July 5 Nancy destroyed a yellow bag that
she is supposed to deliver to Bree? What happens to the obligation? Since the prestation or object of a thing is generic, she can still replace it with another yellow bag.
On July 1 Nancy decided to just deliver a yellow bag on
July 10. On July 3 Nancy informed Bree. On July 5 Nancy destroyed the book and a yellow bag. What’s the implication of her actions? She is to replace the yellow bag only since that’s her chosen alternative which she informed on July 3.
But is Nancy liable for damages?
Not yet, the obligation can still be performed.
Is it possible that in an obligation, the debtor makes
the choice? Yes
Is it possible then for the creditor to make the choice?
Yes
Let’s go back to the obligation. Bree was given the
right of choice and she chose a yellow bag which was lost through a fortuitous event. What happens to the obligation? The obligation to deliver the yellow bag still exists because it is a generic thing.