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Contractual Obligations And Remedies
Summary
In the Philippines, if an obligation is poorly performed, the creditor can have it undone at the debtors expense. Contracts not complying with the Statute of Frauds are unenforceable but not void. A debtor is in delay if a performance date is set and missed. Only parties in privity can enforce contracts. Payment of principal implies interest is paid unless stated otherwise. Fraud in contracts is deceit. Obligations and contracts differ; obligations are duties, contracts are agreements. Negative obligations require abstaining from acts. Legal compensation occurs when mutual debts extinguish each other. Rescission isnt possible if a third party in good faith possesses the property. Payment should be made to authorized persons. Debtors lose period rights if they fail to secure promises, become insolvent, or abscond. Contracts are perfected by consent. Facultative obligations allow substitution of prestation.Full Conversation
If an obligation to do has been poorly done, the creditor may have the same undone at the expense of the debtor.
Group of answer choices
True
False
True. In accordance with Article * of the Civil Code of the Philippines, if a person obliged to do something fails to do it or does it poorly, the creditor may have the obligation performed by another or undo what has been done, at the expense of the debtor.
Which of the following are not void or inexistent contracts?
Group of answer choices
The object of the contract is outside the commerce of man.
Those that are absolutely simulated or fictitious.
Those that do not comply with the Statute of Frauds.
Those where the intention of the parties regarding the principal object of the contract cannot be ascertained.
The contract that is not void or inexistent is:
- Those that do not comply with the Statute of Frauds.
The Statute of Frauds requires certain contracts to be in writing to be enforceable, but non-compliance does not make the contract void; it only makes it unenforceable in court without the required written evidence.
- Those that do not comply with the Statute of Frauds.
The Statute of Frauds requires certain contracts to be in writing to be enforceable, but non-compliance does not make the contract void; it only makes it unenforceable in court without the required written evidence.
In order that the debtor may be in delay, a demand must be made except:
Group of answer choices
The debtor seems to be very busy with other things.
When the obligation is an obligation to give.
When the obligation has a date set for the performance.
Time is of the essence.
The correct answer is:
- When the obligation has a date set for the performance.
In this case, the debtor is automatically in delay once the date for performance has passed, and no demand is necessary.
- When the obligation has a date set for the performance.
In this case, the debtor is automatically in delay once the date for performance has passed, and no demand is necessary.
Abi contract with Robert to have him mow her lawn every two weeks while she spends the summer in Canada. Robert only mows every four weeks and Abi's yard looks very ugly. Abi's neighbor, Kim, sues Robert for his failure to maintain Abi's yard properly. The Court will:
Group of answer choices
Allow Kim to sue since she sees the ugly yard next door
Dismiss Kim's case since privity is lacking
Allow Kim to sue as an incidental beneficiary
Allow Kim to sue as an intended beneficiary
Case Rating: *
The court will likely dismiss Kim's case since privity is lacking. Privity of contract means that only the parties involved in the contract (Abi and Robert) have the right to enforce it. Kim, being a third party, does not have the legal standing to sue Robert for breach of contract.
Would you like to know more about the concept of privity or any related legal principles?
The court will likely dismiss Kim's case since privity is lacking. Privity of contract means that only the parties involved in the contract (Abi and Robert) have the right to enforce it. Kim, being a third party, does not have the legal standing to sue Robert for breach of contract.
Would you like to know more about the concept of privity or any related legal principles?
Abi owes Robert P5,* payable in one year, at *% interest per annum. On maturity, Abi pays Robert P5,* which Robert acknowledged having received without mentioning the payment of interest. Which best describes what happened to the interest?
Group of answer choices
There is a rebuttable presumption that interest has been paid.
Interest will soon follow after payment of the principal.
None of the foregoing.
Interest has already been paid.
Case Rating: *
There is a rebuttable presumption that interest has been paid. In the absence of any demand or acknowledgement for the interest, it is presumed that the payment of the principal includes the interest.
Would you like more information or have any follow-up questions about this legal principle?
There is a rebuttable presumption that interest has been paid. In the absence of any demand or acknowledgement for the interest, it is presumed that the payment of the principal includes the interest.
Would you like more information or have any follow-up questions about this legal principle?
The following are instances of causual fraud, except:
Group of answer choices
Usual exaggeration in trade when the party had an opportunity to know the facts.
Fraudulent opinion given by an expert relied upon by the party giving consent.
Fraud by misrepresentation.
Fraud by concealment.
Case Rating: *
The correct answer to the question regarding instances of casual fraud, except:
- Fraudulent opinion given by an expert relied upon by the party giving consent.
This is because the other options (usual exaggeration in trade, fraud by misrepresentation, and fraud by concealment) are typically covered under casual fraud scenarios.
If you need further clarification or have additional questions, feel free to ask!
The correct answer to the question regarding instances of casual fraud, except:
- Fraudulent opinion given by an expert relied upon by the party giving consent.
This is because the other options (usual exaggeration in trade, fraud by misrepresentation, and fraud by concealment) are typically covered under casual fraud scenarios.
If you need further clarification or have additional questions, feel free to ask!
Fraud in the performance of a contract is otherwise known as:
Group of answer choices
Malice
Causal fraud
Deceit
Incidental fraud
Case Rating: *
Fraud in the performance of a contract is otherwise known as:
- Deceit
Is there anything else you would like to know about contract law or any other legal topic?
Fraud in the performance of a contract is otherwise known as:
- Deceit
Is there anything else you would like to know about contract law or any other legal topic?
Obligations and Contracts are two words that can be used interchangeably.
Group of answer choices
True
False
Case Rating: *
False. Obligations and contracts are not interchangeable terms. In legal context:
- Obligations refer to duties imposed by law or contract.
- Contracts are agreements between parties creating mutual obligations enforceable by law.
Is there anything specific you'd like to know about obligations or contracts?
False. Obligations and contracts are not interchangeable terms. In legal context:
- Obligations refer to duties imposed by law or contract.
- Contracts are agreements between parties creating mutual obligations enforceable by law.
Is there anything specific you'd like to know about obligations or contracts?
Kim agreed with Jason not to construct a fence between their houses
Group of answer choices
This is not valid
All of the foregoing
This is valid but cannot be enforced
This is a negative obligation
Case Rating: *
Kim's agreement with Jason regarding not constructing a fence between their houses is considered a negative obligation. This means that Kim is obligated to refrain from doing a certain act, which in this case is building a fence.
Relevant Legal Concepts:
- A negative obligation requires a party to abstain from performing a specific act.
- Such agreements can be enforceable if they meet the requirements of a valid contract.
Would you like more information about negative obligations or any other related legal principles?
Kim's agreement with Jason regarding not constructing a fence between their houses is considered a negative obligation. This means that Kim is obligated to refrain from doing a certain act, which in this case is building a fence.
Relevant Legal Concepts:
- A negative obligation requires a party to abstain from performing a specific act.
- Such agreements can be enforceable if they meet the requirements of a valid contract.
Would you like more information about negative obligations or any other related legal principles?
The duty not to recover what was voluntarily been paid although payment was no longer required:
Group of answer choices
Natural obligation
Civil obligation
Social obligation
Moral obligation
Case Rating: *
The duty not to recover what was voluntarily paid, although payment was no longer required, is a natural obligation. In Philippine law, natural obligations are based on equity and moral grounds, even though they do not grant a right of action to enforce their performance.
If you have any further questions or need more clarification on any legal concept, feel free to ask!
The duty not to recover what was voluntarily paid, although payment was no longer required, is a natural obligation. In Philippine law, natural obligations are based on equity and moral grounds, even though they do not grant a right of action to enforce their performance.
If you have any further questions or need more clarification on any legal concept, feel free to ask!
Kim is a commercial model contracted by Jason to promote his Construction Business. As payment to Kim, Jason obliged to give Kim a Car or to construct a building on the lot belonging to Kim. Without the knowledge of Jason, Kim sold her lot to Cyd. In such a case:
Group of answer choices
Jason may rescind the contract entered with Kim and in addition recover damages from Kim.
Jason may demand the return of the lot from Cyd so he can perform his obligations and construct the building.
Kim may rescind the obligation and in addition recover damages from Jason.
Jason is under obligation to deliver the car.
Case Rating: *
Given the situation, Jason is under obligation to deliver the car. Since Kim sold her lot to Cyd without Jason's knowledge, Jason cannot construct the building on Kim's former lot. Therefore, Jason must fulfill the alternative obligation.
Would you like to know more about the legal principles involved in this scenario?
Given the situation, Jason is under obligation to deliver the car. Since Kim sold her lot to Cyd without Jason's knowledge, Jason cannot construct the building on Kim's former lot. Therefore, Jason must fulfill the alternative obligation.
Would you like to know more about the legal principles involved in this scenario?
If the debtor fails to perform an obligation to do, the creditor may compel the debtor to comply with the obligation.
Group of answer choices
True
False
Case Rating: *
The correct answer is False. In the Philippines, under Article * of the Civil Code, if the debtor fails to perform an obligation to do, the creditor cannot compel the debtor to comply with the obligation. Instead, the creditor may have the obligation performed by another person at the debtor's expense.
Would you like more information about how obligations are enforced or any related legal principles?
The correct answer is False. In the Philippines, under Article * of the Civil Code, if the debtor fails to perform an obligation to do, the creditor cannot compel the debtor to comply with the obligation. Instead, the creditor may have the obligation performed by another person at the debtor's expense.
Would you like more information about how obligations are enforced or any related legal principles?
Desiree owes Kim P10,* payable on December *, *, while Kim owes Desiree P10,* payable on December *, *. In here, Kim can set up compensation on December *, * and this is called:
Group of answer choices
Judicial compensation
Conventional or Voluntary Compensation
Legal compensation
Partial compensation
Case Rating: *
Kim can set up compensation on December *, *, and this is called Legal compensation. Legal compensation occurs automatically by law when two parties owe each other obligations that are due and demandable, and they mutually extinguish their debts to the extent of their common amount.
Is there anything else you would like to know about compensation or any related legal principles?
Kim can set up compensation on December *, *, and this is called Legal compensation. Legal compensation occurs automatically by law when two parties owe each other obligations that are due and demandable, and they mutually extinguish their debts to the extent of their common amount.
Is there anything else you would like to know about compensation or any related legal principles?
The remedy of rescission cannot be availed of:
Group of answer choices
None of the foregoing.
If the property is already in possession of the party who acted in bad faith.
If the property is legally in the possession of a third person who acted in good faith.
If the party who demands rescission is able to return which he is obliged to restore under the contract.
Case Rating: *
The remedy of rescission cannot be availed of if the property is legally in the possession of a third person who acted in good faith.
Do you need further assistance on any specific legal matter related to rescission or other contract issues?
The remedy of rescission cannot be availed of if the property is legally in the possession of a third person who acted in good faith.
Do you need further assistance on any specific legal matter related to rescission or other contract issues?
The remedy of rescission cannot be availed of:
Group of answer choices
None of the foregoing.
If the property is already in possession of the party who acted in bad faith.
If the property is legally in the possession of a third person who acted in good faith.
If the party who demands rescission is able to return which he is obliged to restore under the contract.
Case Rating: *
It seems you are interested in various legal principles and their applications. Regarding the remedy of rescission, it cannot generally be availed of if the property is legally in the possession of a third person who acted in good faith.
Do you have a specific legal issue or scenario you need assistance with?
It seems you are interested in various legal principles and their applications. Regarding the remedy of rescission, it cannot generally be availed of if the property is legally in the possession of a third person who acted in good faith.
Do you have a specific legal issue or scenario you need assistance with?
Payment shall be made to:
Group of answer choices
Any person authorized to receive it for the person in whose favor the obligation has been constituted.
The successor in interest of the person in whose favor the obligation has been constituted.
The person in whose favor the obligation has been constituted.
Any of the foregoing.
Case Rating: *
Payment should be made to:
- Any person authorized to receive it for the person in whose favor the obligation has been constituted.
- The successor in interest of the person in whose favor the obligation has been constituted.
- The person in whose favor the obligation has been constituted.
Would you like more information or have any specific legal questions related to this?
Payment should be made to:
- Any person authorized to receive it for the person in whose favor the obligation has been constituted.
- The successor in interest of the person in whose favor the obligation has been constituted.
- The person in whose favor the obligation has been constituted.
Would you like more information or have any specific legal questions related to this?
In an obligation with a period, the debtor shall lose every right to make use of the period when:
Group of answer choices
He does not furnish the security he promised.
He becomes insolvent after the obligation has been contracted.
All or any of the foregoing.
He attempts to abscond.
Case Rating: *
In an obligation with a period, the debtor shall lose every right to make use of the period when:
- He does not furnish the security he promised.
- He becomes insolvent after the obligation has been contracted.
- He attempts to abscond.
All of these conditions can lead to the loss of the right to make use of the period.
Do you have any specific legal issue or scenario related to this that you need assistance with?
In an obligation with a period, the debtor shall lose every right to make use of the period when:
- He does not furnish the security he promised.
- He becomes insolvent after the obligation has been contracted.
- He attempts to abscond.
All of these conditions can lead to the loss of the right to make use of the period.
Do you have any specific legal issue or scenario related to this that you need assistance with?
In case of non-performance on due date, demand by the creditor shall not be necessary in order that delay may exists in the following instance:
Group of answer choices
When the creditor is guilty of fraud or negligence in the performance of his obligation.
None of the foregoing.
When the thing was lost due to the fault of the creditor.
When from the nature of the circumstances of the obligation it appears that he designation of the time when the thing to be delivered was a controlling motive for the establishment of the contract.
Case Rating: *
In case of non-performance on the due date, demand by the creditor shall not be necessary in order that delay may exist when from the nature of the circumstances of the obligation, it appears that the designation of the time when the thing is to be delivered was a controlling motive for the establishment of the contract.
Is there a specific aspect of this legal principle you need more information on, or do you have a different legal issue you need assistance with?
In case of non-performance on the due date, demand by the creditor shall not be necessary in order that delay may exist when from the nature of the circumstances of the obligation, it appears that the designation of the time when the thing is to be delivered was a controlling motive for the establishment of the contract.
Is there a specific aspect of this legal principle you need more information on, or do you have a different legal issue you need assistance with?
In general, contracts are perfected by mere consent.
Group of answer choices
True
False
Case Rating: *
True. In general, contracts are perfected by mere consent in the Philippines. This means that the contract is considered valid and binding once the parties agree on the essential elements of the contract.
Is there any specific aspect of contract law or any other legal issue you need more information on?
True. In general, contracts are perfected by mere consent in the Philippines. This means that the contract is considered valid and binding once the parties agree on the essential elements of the contract.
Is there any specific aspect of contract law or any other legal issue you need more information on?
When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called
Group of answer choices
Alternative
Indivisible
Divisible
None of the foregoing
Case Rating: *
The obligation described is called a facultative obligation. In such cases, only one prestation is agreed upon, but the obligor may render another in substitution.
Would you like more information on facultative obligations or any other legal principles?
The obligation described is called a facultative obligation. In such cases, only one prestation is agreed upon, but the obligor may render another in substitution.
Would you like more information on facultative obligations or any other legal principles?
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