LAW ON OBLIGATIONS AND CONTRACTS

Demand is not necessary to put debtor in delay when time is of the essence

• TRUE

• FALSE

A thing is_____if it has been designated by its class or genus and cannot be pointed out with particularity.

• FACULTATIVE

• INDETERMINATE

• FUNGIBLE

• DETERMINATE

Every obligation has four definite elements, without which no obligation can exist, to wit;__________subject, also known as the__________ ,who has the power to demand the fulfillment of the obligation; ____________ subject, also known as the__________, the person from whom the obligation is juridically demandable or who is bound to perform the prestation;__________which is an object or undertaking to give, to do or not to do; and the __________ tie, the vinculum which binds the contracting parties. It is the efficient cause established by the various sources of obligations.

(a)  

The following form part of the definition of an obligation except one. “An obligation is a juridical necessity..”

• TO DO

• NOT TO DO

• TO GIVE

• NOT TO GIVE

The offended party cannot recover damages twice for the same act or omission that caused damage.

• TRUE

• FALSE

It is the failure to observe for the protection of the interest of another person that degree of care , precaution, and vigilance which the circumstance justly demand, by reason of which such other person suffers injury.

• Culpa or Negligence

• Dolo or Fraud

• Ordinary delay

• Fraud employed during the birth or perfection of the contract

• Legal delay or default

This is the attention and care required of a person in a given situation and is the opposite of negligence.

• Dolo or Fraud

• Diligence

• Legal delay or default

• Fraud in the performance of an already existing obligation.

• Fraud employed during the birth or perfection of the contract

This kind of fraud renders the debtor liable for the payment of damages.

• Fraud in the performance of an already existing obligation.

• Dolo or Fraud

• Culpa or Negligence

• Legal delay or default

• Diligence

The failure to perform an obligation on time which failure constitutes a breach of the obligation.

• Culpa or Negligence

• Dolo or Fraud

• Legal delay or default

• Fraud employed during the birth or perfection of the contract

• Fraud in the performance of an already existing obligation.

The deliberate and intentional evasion of the normal fulfillment of obligations characterized by the presence of deliberate intent.

• Legal delay or default

• Culpa or Negligence

• Diligence

• Fraud in the performance of an already existing obligation.

• Dolo or Fraud