Discuss the following: 1) Discuss what happens to an obligation to give a specific thing if...
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Discuss the following: 1) Discuss what happens to an obligation to give a specific thing if the contract stipulated that the obligor is still liable despite the loss of the specific thing due to a fortuitous event. 3 points 2) When is there partial loss and who is given the discretion to determine whether a partial loss is such as to be equivalent to a complete or total loss? 3 points 3) Discuss why in condonation, the acceptance by the debtor is required. 3 points. 4) What is the reason or basis for merger? 3 points. 5) Distinguish Compensation from Confusion: 3 points Answer the following questions Explain briefly the rule or reason for your answer. (5 points each) 1. Seph mortgaged his Ferrari to Kent Raphael for One Million Pesos (P 1,000,000.00). The said car was destroyed during the devastation of Typhoon Odette recently. Seph claimed that because of the loss (destruction) of the car due to a fortuitous event, his obligation to Kent Raphael is extinguished. Kent Raphael countered that Seph is still obligated because as the mortgagor, he still owns the car destroyed. Under the principle of res perit domino, being the owner, he bears the loss. Who is correct among the two? 2. Ganda owes Pastor Kibz P10,000.00 evidenced by a promissory note. The note was signed by Ganda and was given to Pastor Kibz. As to unknown reason, Ganda came into possession of the promissory note. What is the presumption? 3. Bullet is indebted to Romeo with Berto as guarantor. Romeo assigned Bullet's credit to Belen, which the latter assigned it back to Bullet. With the merger of the indebtedness, what happened to the obligation of guaranty by Berto? 4. Lloyd owes Marionne P 1,000.00. Klint, with the consent of Lloyd, approaches Marionne and tells him: "I will pay you what Lloyd owes you". Marionne agrees. No further agreement was agreed by the parties. Is there expromision here? Discuss the following: 1) Discuss what happens to an obligation to give a specific thing if the contract stipulated that the obligor is still liable despite the loss of the specific thing due to a fortuitous event. 3 points 2) When is there partial loss and who is given the discretion to determine whether a partial loss is such as to be equivalent to a complete or total loss? 3 points 3) Discuss why in condonation, the acceptance by the debtor is required. 3 points. 4) What is the reason or basis for merger? 3 points. 5) Distinguish Compensation from Confusion: 3 points Answer the following questions Explain briefly the rule or reason for your answer. (5 points each) 1. Seph mortgaged his Ferrari to Kent Raphael for One Million Pesos (P 1,000,000.00). The said car was destroyed during the devastation of Typhoon Odette recently. Seph claimed that because of the loss (destruction) of the car due to a fortuitous event, his obligation to Kent Raphael is extinguished. Kent Raphael countered that Seph is still obligated because as the mortgagor, he still owns the car destroyed. Under the principle of res perit domino, being the owner, he bears the loss. Who is correct among the two? 2. Ganda owes Pastor Kibz P10,000.00 evidenced by a promissory note. The note was signed by Ganda and was given to Pastor Kibz. As to unknown reason, Ganda came into possession of the promissory note. What is the presumption? 3. Bullet is indebted to Romeo with Berto as guarantor. Romeo assigned Bullet's credit to Belen, which the latter assigned it back to Bullet. With the merger of the indebtedness, what happened to the obligation of guaranty by Berto? 4. Lloyd owes Marionne P 1,000.00. Klint, with the consent of Lloyd, approaches Marionne and tells him: "I will pay you what Lloyd owes you". Marionne agrees. No further agreement was agreed by the parties. Is there expromision here?
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A 1 If the contract stipulates that the obligor is still liable despite the loss of the specific thing due to a fortuitous event the obligation remains enforceable This is because the parties have agr... View the full answer
Related Book For
Visualizing Environmental Science
ISBN: 978-1119147527
4th edition
Authors: Linda R. Berg, David M. Hassenzahl, Mary Catherine Hager
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