Cristna Grace T. MorgiaBSBA Marketng Managemen 3March 9, 2022Quiz 4: Alernatve ObligatonsExplain or sae briefy he rule or reason or your answer.
1.Maico Palo
(Debtor) borrowed P 10,000 from Max Collins (Creditor). It was agreedthat
Maico Palo
(Debtor) could pay P 10,000 or deliver his piano on August 22. OnAugust 22,
Maico Palo
(Debtor) informed Max Collins that the former woulddeliver his piano. Can
Maico Palo
sll change his period considering that he wasgiven the right of choice?
No, he canno change he period. Artcle 1200 saes ha he righ o choice belongs ohe debor, unless i has been expressly graned o he credior and ha he debor shallhave no righ o choose hose presatons which could no have been he objec o heobligaton. The presatons agreed upon was he choice beween he paymen o P10,000 or he delivery o Palo’s piano. The righ o choice perains o he subjecmaer o he obligaton, no he orms and conditons. Thereore, Palo canno changehis period since he has no righ o choose his acor.
2.
Under a contract,
Red Dela Cruz
(obligor) promised to deliver to
Queenie Rehman
(obligee) item one, or item two, or item three.
Queenie Rehman
(obligee), wasgiven the right of choice. What is the liability of
Red Dela Cruz
(obligor) in case,through her fault:a.Item two is lost or destroyed.
Red Dela Cruz may be held liable or he remaining iems chosen by Queenie Rehman,or he price o iem wo, wih damages in boh scenarios. This is based on Ar. 1205 inAlernatve Obligatons, where i he loss o one o he hings occurs hrough he aul o he debor, he credior may claim any o hose subsistng, or he price o ha which,hrough he aul o he ormer, has disappeared, wih a righ o damages.
b.All the items are loss or destroyed.
Red Dela Cruz would be liable o pay he price o any one o he hree iems chosen byQueenie Rehman, wih damages. This is stll based on Ar. 1205, satng ha i all hehings are los hrough he aul o he debor, he choice by he credior shall all uponhe price o any one o hem, also wih indemniy or damages.
3.
Jessy Mendiola (Seller) sold her TV set to Sam Pinto (buyer) who gave JessyMendiola (Seller) the opon to deliver instead her refrigerator. Is Jessy Mendiolaliable to Sam Pinto (buyer) in case the TV is lost through Jessy Mendiola’s fault?
Yes, Jessy Mendiola is liable o Sam Pino. According o Ar 1206, i he principal hing islos hrough he debor’s aul, debor is liable or damages. I is also saed ha he lossor deerioraton o he hing inended as a substue, hrough he negligence o heobligor, does no render him liable. Bu once he substuton has been made, heobligor is liable or he loss o he substue on accoun o his delay, negligence orraud. Since he substuton has no been communicaed or made, he objec o heobligaton mainains o be he TV. Thereore, i Jessy Mendiola is a aul o losing heTV, she needs o reurn he money paid plus damages o Sam Pino.