Quiz 4 - Morgia - March 9, 2022

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2
 
Cristna Grace T. MorgiaBSBA Marketng Managemen 3March 9, 2022Quiz 4: Alernatve ObligatonsExplain or sae 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
 sll change his period considering that he wasgiven the right of choice?
No, he canno change he period. Artcle 1200 saes ha he righ o choice belongs ohe debor, unless i has been expressly graned o he credior and ha he debor shallhave no righ o choose hose presatons which could no have been he objec o heobligaton. The presatons agreed upon was he choice beween he paymeno P10,000 or he delivery o Palo’s piano. The righ o choice perains o he subjecmaer o he obligaton, no he orms and conditons. Thereore, Palo canno changehis period since he has no righ o choose his acor.
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 iems chosen by Queenie Rehman,or he price o iem wo, wih damages in boh scenarios. This is based on Ar. 1205 inAlernatve Obligatons, where i he loss o one o he hings occurs hrough he aul o he debor, he credior may claim any o hose subsistng, or he price o ha which,hrough he aul o he ormer, has disappeared, wih 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 iems chosen byQueenie Rehman, wih damages. This is stll based on Ar. 1205, satng ha i all hehings are los hrough he aul o he debor, he choice by he credior shall all uponhe price o any one o hem, also wih indemniy or damages.
5
 
3.
Jessy Mendiola (Seller) sold her TV set to Sam Pinto (buyer) who gave JessyMendiola (Seller) the opon 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 Pino. According o Ar 1206, i he principal hing islos hrough he debor’s aul, debor is liable or damages. I is also saed ha he lossor deerioraton o he hing inended as a substue, hrough he negligence o heobligor, does no render him liable. Bu once he substuton has been made, heobligor is liable or he loss o he substue on accoun o his delay, negligence orraud. Since he substuton has no been communicaed or made, he objec o heobligaton mainains o be he TV. Thereore, i Jessy Mendiola is a aul o losing heTV, she needs o reurn he money paid plus damages o Sam Pino.
5

Reward Your Curiosity

Everything you want to read.
Anytime. Anywhere. Any device.
No Commitment. Cancel anytime.
576648e32a3d8b82ca71961b7a986505