WorksheetsBUSINESS LAW MIDTERM EXAM
Total questions: 50
Worksheet time: 13hrs 30mins
It is a rule of conduct, just, obligatory, laid down by legitimate authority for common observance and benefits.
(a)
Regulates the rights and duties arising from the relationship of the state to the people.
(a)
Is the fundamental law of the land.It governs the relation of a state to its citizens. It is the supreme law of the land and all other laws must been acted in accordance with the general framework of the constitution.
(a)
Governs the interaction and conduct between countries, and the rights and duties of the citizens of a country toward the citizens of another country.
(a)
Defines crimes, their nature and provides for their punishment. It regulates the social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people.
(a)
Governs the activities of administrative agencies of the government.
(a)
Regulates the relation of individuals with one another for purely private ends.
(a)
Governs the rights, obligations and relations of persons engaged in trade or business activities
(a)
The family code governs the relations of person with his family.
People and family relationships mainly deal with the issues of
family matters such as marriage, annulment, and voiding of
Marriages, adoptions, property settlements between spouses,
Parental authority, support for spouses and children,
emancipation, legitime (inheritance) of children from their
Parents and other distant relatives
(a)
Laws pertaining to the definitions and regulations of property.
(a)
The (a) is headed by the President and supported by different departments or agencies of the government such as DTI, DILG,DOJ,DOH,DENR,DBM,DepEd,etc.
The Legislative branch is composed of the Senate and House of Representative.TheSenateiscomposedof24Senatorsandis headed by the Senate President(Vicente Sotto III).
(a)
The Judicial branch is headed by the Supreme Court Chief Justice (CJDiosdadoM.Peralta) and14associate justices. The Judicial branch evaluates laws and it holds the power to settle controversies involving rights that are legally demandable and enforceable.
(a)
It is a juridical necessity, to Give, to Do, or Not to Do.
(a)
The rights and duties arising from obligations are legally enforceable and the courts of justice maybe called upon to order their performance.
(a)
Is a Real obligation because a physical thing is involved and delivery of the same discharges the obligation.
(a)
Is a Personal positive obligation because it consists of performing an act.
(a)
Is a negative personal obligation because it consists of not doing something.
(a)
It is the link that binds the parties to an obligation. The coercive force which makes the obligation demandable.
(a)
It is the service that constitute the object of the obligation.
(a)
Also known as the creditor or obligee.The one who can demand the fulfillment of the obligation.
(a)
Also known as the debtor or obligor. The one who has the obligation to give, to do or not to do.
(a)
It is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
(a)
Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another.
(a)
Refers to payment by mistake. It is receiving payment by mistake that is not due or does not have such right to demand such payment. It creates an obligation to return such payment.
(a)
It is the voluntary administration of the property, business or affairs of another, without his consent or authority, that creates an obligation for reimbursement for the necessary expenses the gestor had spent.
NEGOTIORUM GESTIO
DELICT
RESTITUTION
REPARATION
Refers to acts or omissions punished by law. While an act or omission is felonious because it is punished by law, the criminal act gives rise to civil liability as it caused damage to another.
DELICT
RESTITUTION
REPARATION
INDEMNIFICATION
It is the restoration of, or returning the object of the crime to the injured party.
RESTITUTION
REPARATION
INDEMNIFICATION
QUASI – DELICT
It is the payment by the offender of the value of the object of the crime when such object cannot be returned to the injured party.
REPARATION
INDEMNIFICATION
QUASI – DELICT
ARTICLE 1163
The consequential damages which includes the payment of other damages that may have been caused to the injured party.
INDEMNIFICATION
QUASI – DELICT
ARTICLE 1163
CIVIL OBLIGATION
It is lso known as tort or culpa aquiliana are acts or omissions that cause damage to another, there being fault or negligence, is obliged to pay for the damage done but without any pre-existing contractual relations between the party.
QUASI – DELICT
ARTICLE 1163
CIVIL OBLIGATION
NATURAL OBLIGATION
EVERY PERSON OBLIGED TO GIVE SOMETHING IS ALSO OBLIGED TO TAKE CARE OF IT WITH THE PROPER DILIGENCE OF A GOOD FATHER OF A FAMILY, UNLESS THE LAW OR THE STIPULATION OF THE PARTIES REQUIRES ANOTHER STANDARD OF CARE.
ARTICLE 1163
CIVIL OBLIGATION
NATURAL OBLIGATION
ARTICLE 1164
It is based on a positive law and gives right of action to compel their performance.
CIVIL OBLIGATION
NATURAL OBLIGATION
ARTICLE 1164
PERSONAL RIGHT
It is based on natural law, but on equity and moral justice. Hence, it is not enforceable by court action, but after voluntary performance of the debtor, he can no longer recover what he has given.
NATURAL OBLIGATION
ARTICLE 1164
PERSONAL RIGHT
REAL RIGHT
THE CREDITOR HAS A RIGHT TO THE FRUITS OF THE THING FROM THE TIME THE OBLIGATION TO DELIVER IT ARISES. HOWEVER, HE SHALL ACQUIRE NO REAL RIGHT OVER IT UNTIL THE SAME HAS BEEN DELIVERED TO HIM.
ARTICLE 1164
PERSONAL RIGHT
REAL RIGHT
ARTICLE 1165
It is the right or power of a person to demand from another — to give, to do, or not to do.
PERSONAL RIGHT
REAL RIGHT
ARTICLE 1165
DETERMINATE OR SPECIFIC THING
It is a power over a specific thing (like the right of ownership or possession) and is binding on the whole world.
REAL RIGHT
ARTICLE 1165
DETERMINATE OR SPECIFIC THING
INDETERMINATE OR GENERIC THING
WHEN WHAT IS TO BE DELIVERED IS A DETERMINATE THING, THE CREDITOR, IN ADDITION TO THE RIGHT GRANTED HIM BY ARTICLE 1170, MAY COMPEL THE DEBTOR TO MAKE THE DELIVERY.IF THE THING IS INDETERMINATE OR GENERIC, HE MAY ASK THAT THE OBLIGATION BE COMPLIED WITH AT THE EXPENSE OF THE DEBTOR.IF THE OBLIGOR DELAYS, OR HAS PROMISED TO DELIVER THE SAME THING TO TWO OR MORE PERSONS WHO DO NOT HAVE THE SAME INTEREST, HE SHALL BE RESPONSIBLE FOR ANY FORTUITOUS EVENT UNTIL HE HAS EFFECTED THE DELIVERY.
ARTICLE 1165
DETERMINATE OR SPECIFIC THING
INDETERMINATE OR GENERIC THING
ARTICLE 1166
It is something which is susceptible of particular designation or specification.
DETERMINATE OR SPECIFIC THING
INDETERMINATE OR GENERIC THING
ARTICLE 1166
ARTICLE 1167
It is a thing that is something which is not particularized or specified but has reference only to class or genus.
INDETERMINATE OR GENERIC THING
ARTICLE 1166
ARTICLE 1167
ARTICLE 1168
THE OBLIGATION TO GIVE A DETERMINATE THING INCLUDES THAT OF DELIVERING ALL ITS ACCESSIONS AND ACCESSORIES, EVEN THOUGH THEY MAY NOT HAVE BEEN MENTIONED.
ARTICLE 1166
ARTICLE 1167
ARTICLE 1168
ARTICLE 1169
IF A PERSON OBLIGED TO DO SOMETHING FAILS TO DO IT, THE SAME SHALL BE EXECUTED AT HIS COST.THIS SAME RULE SHALL BE OBSERVED IF HE DOES IT IN CONTRAVENTION OF THE TENOR OF THE OBLIGATION. FURTHERMORE, IT MAY BE DECREED THAT WHAT HAS BEEN POORLY DONE BE UNDONE.
ARTICLE 1167
ARTICLE 1168
ARTICLE 1169
ARTICLE 1170
WHEN THE OBLIGATION CONSISTS IN NOT DOING, AND THE OBLIGOR DOES WHAT HAS BEEN FORBIDDEN HIM, IT SHALL ALSO BE UNDONE AT HIS EXPENSE.
ARTICLE 1168
ARTICLE 1169
ARTICLE 1170
FRAUD (DOLO)
Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation.
ARTICLE 1169
ARTICLE 1170
FRAUD (DOLO)
NEGLIGENCE (CULPA)
THOSE WHO IN THE PERFORMANCE OF THEIR OBLIGATIONS ARE GUILTY OF FRAUD, NEGLIGENCE, OR DELAY, AND THOSE WHO IN ANY MANNER CONTRAVENE THE TENOR THEREOF, ARE LIABLE FOR DAMAGES.
ARTICLE 1170
FRAUD (DOLO)
NEGLIGENCE (CULPA)
DELAY (MORA)
There is fraud or willful violation of the obligation.
FRAUD (DOLO)
NEGLIGENCE (CULPA)
DELAY (MORA)
ARTICLE 1171
Refers to negligence arising from contractual obligations, which are not fully and faithfully complied by the obligor. This is distinguished from culpa aquiliana, which refers to negligence independent of any contractual obligation.
NEGLIGENCE (CULPA)
DELAY (MORA)
ARTICLE 1171
ARTICLE 1172
The delay must be either malicious or negligent.
DELAY (MORA)
ARTICLE 1171
ARTICLE 1172
ARTICLE 1173
RESPONSIBILITY ARISING FROM FRAUD IS DEMANDABLE IN ALL OBLIGATIONS. ANY WAIVER OF AN ACTION FOR FUTURE FRAUD IS VOID.
ARTICLE 1171
ARTICLE 1172
ARTICLE 1173
ARTICLE 1174
RESPONSIBILITY ARISING FROM NEGLIGENCE IN THE PERFORMANCE OF EVERY KIND OF OBLIGATION IS ALSO DEMANDABLE, BUT SUCH LIABILITY MAY BE REGULATED BY THE COURTS, ACCORDING TO THE CIRCUMSTANCES.
ARTICLE 1172
ARTICLE 1173
ARTICLE 1174
ARTICLE 1175
