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Last Minute Tips Flashcards Summary
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Last Minute Tips Flashcards Summary
Last Minute Tips by Everything RFBT (May 2024).pdf Flashcards
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1
Question
Can a non-party to a contract be held liable for breaching it according to the text?
Answer
A non-party to a contract may still be held liable for breaching it if he or she induces either of the contracting parties to violate his or her respective obligation.
2
Question
What is the significance of the diligence required of common carriers according to the text?
Answer
The diligence required of common carriers is extraordinary diligence, which is greater than the diligence of a good father of a family.
3
Question
Explain the difference between solidary debtors and joint debtors as mentioned in the text.
Answer
While solidary debtors may be compelled to pay the share of an insolvent co-debtor, joint debtors may not be compelled to do so.
4
Question
According to the text, what happens to a generic thing in terms of perishing?
Answer
Generic thing never perishes.
5
Question
What is the remedy available if a person obligated to paint a portrait of another person refuses to do so, according to the text?
Answer
If a person has obligated himself to paint the portrait of another person and refuses to do so when demanded, specific performance is not an available remedy.
6
Question
What are the obligations stated in the text regarding the delivery of a determinate thing that subsequently got lost due to a fortuitous event?
Answer
If the debtor is in delay in delivering a determinate thing which subsequently got lost due to fortuitous event, the debtor shall be liable for the loss.
7
Question
What types of coins are mentioned in the text as acceptable for payment of certain amounts?
Answer
1, 5, 10, and 20 Peso coins are acceptable as payment for amounts not exceeding P200,000, and 1, 5, 10, and 25 Centavo coins are acceptable for amounts not exceeding P20,000 per transaction.
8
Question
What is the requirement for the delivery of a determinate thing in the absence of stipulation according to the text?
Answer
In the absence of stipulation, delivery of a determinate thing must be made wherever the thing might be at the moment the obligation was constituted.
9
Question
When can a passenger sue the taxi operator based on breach of contract of carriage as mentioned in the text?
Answer
In case a passenger is injured due to the negligence of the taxi driver, the passenger may sue the taxi operator based on breach of contract of carriage. However, the passenger may not include the taxi driver in the suit since a contract of carriage is only between the taxi operator and the passenger.
10
Question
What does mutuality of contracts refer to in the context of contracts as mentioned in the text?
Answer
Mutuality of contracts refers to the equality of standing of contracting parties in a contract.
11
Question
What happens in the scenario where two debtors are obliged to deliver an indivisible thing and one refuses to perform the obligation according to the text?
Answer
In the case where two debtors are obliged to deliver an indivisible thing, and one refuses to perform the obligation, the obligation to deliver shall be converted into an obligation to pay the value of the undelivered item. Only the refusing debtor is liable for damages, and the willing debtor to perform is responsible for his share without damages if it had been properly performed.
12
Question
Which contracts are considered real contracts as mentioned in the text?
Answer
Pledge, deposit, commodatum, mutuum, and deposit are considered real contracts because they are perfected by delivery.
13
Question
According to the text, what role does love and affection play in a contract?
Answer
Love and affection, though not valuable consideration, is still a consideration that can complete the requisites of a valid contract, like donation.
14
Question
When can an offer be withdrawn by the offeror according to the text?
Answer
Before an offer is accepted, it may be withdrawn by the offeror, except if there is consideration given for the offeree to decide on the offer.
15
Question
What is required for novation to extinguish an old obligation according to the text?
Answer
In order for novation to extinguish an old obligation, the new obligation must be incompatible with the old obligation with regard to their essential elements.
16
Question
What is the rule regarding the choice to substitute in facultative obligations according to the text?
Answer
In facultative obligations, the choice to substitute always belongs to the debtor.
17
Question
Explain the concept of dacion en pago as mentioned in the text.
Answer
In dacion en pago, if the property given in exchange is valued less than the monetary obligation, the extinguishment shall only be partial, up to the extent of the value of the property, unless the conduct of the parties or a stipulation provides that the exchange is in consideration of the total extinguishment of the obligation.
18
Question
What does the text state about alternative obligations and the choice of things lost due to fortuitous events or due to the fault of the one entitled to choose?
Answer
In alternative obligations, the person entitled to choose cannot choose the things lost due to fortuitous event or due to the fault of the one entitled to choose.
19
Question
What is meant by the relativity of contracts according to the text?
Answer
Relativity of contracts refers to the binding effect of a contract on its contracting parties, their heirs, and assigns.
20
Question
Which theory does the Philippines follow concerning the acceptance and perfection of contracts as mentioned in the text?
Answer
The Philippines follows the Cognition Theory when the acceptance comes to the knowledge of the offeror concerning the perfection of contracts.
21
Question
What is the liability of the debtor when promising to deliver a determinate thing to two persons according to the text?
Answer
If a debtor promises to deliver a determinate thing to each of two persons, the debtor will be liable to the creditors in case of loss of said thing, even if it is due to a fortuitous event.
22
Question
What does obligatoriness refer to in contracts according to the text?
Answer
Obligatoriness refers to the force and effect of the contract as law between the contracting parties.
23
Question
What happens to the debtor in obligations with a period if he fails to furnish the promised security?
Answer
In obligations with a period, the debtor loses the benefit to make use of the period if he fails to furnish the security which he has promised.
24
Question
In what scenario can a passenger sue the taxi driver based on quasi delict according to the text?
Answer
In case a passenger is injured due to the negligence of the taxi driver, the passenger may sue the taxi driver based on quasi delict.
25
Question
What does civil liability arising from crime include according to the text?
Answer
Civil liability arising from crime includes restitution, reparation, and indemnification.
26
Question
What happens in payment by cession regarding the ownership of the debtor's property?
Answer
In payment by cession, ownership over the debtor's property is not transferred to the creditors. The extinguishment is only up to the extent of the proceeds from the sale of ceded properties.
27
Question
How does the text differentiate between the illegality of the motive and the cause of the contracting party in relation to rendering a contract void?
Answer
The illegality of the motive, which is different from the cause of the contracting party, does not render the contract void.
28
Question
What is autonomy of contracts according to the text?
Answer
Autonomy of contracts refers to the freedom of the contracting parties to agree to any term or condition, provided it is not contrary to law, public policy, good morals, and good customs.
29
Question
According to the obligations mentioned in the text, what does the obligation to deliver determinate things include?
Answer
The obligation to deliver determinate things includes the obligation to deliver the accessions and accessories, even if not mentioned in the agreement.
30
Question
What happens to an offer if the offeror is convicted for a crime punishable by at least reclusion temporal according to the text?
Answer
If the offeror is convicted for a crime punishable by at least reclusion temporal, the offer is considered withdrawn because civil interdiction is deemed imposed with the prison sentence.