Question: Instructions I.Write TRUE if the statement is accurate. If the statement is false , cite the reason/s . 1. Payment does not signify the effective
Instructions
I.Write TRUE if the statement is accurate. If the statement is false , cite the reason/s .
1. Payment does not signify the effective performance of the agreed prestation.
2. One of the essential elements of payment as a mode of extinguishing obligation is integrity, that is, the payment can either be partial or full.
3. As a rule, the creditor can be compelled to accept partial payment.
4. By way of exceptions, the creditor can be compelled to accept, and the debtor can be required to make partial performance even there is no stipulation to that effect.
5. An obligation is extinguished by way of payment only when the thing or service in which the obligation consists has been completely delivered or rendered and the rule admits no exceptions.
6. The obligation is deemed extinguished under the principle of substantial performance when the obligation has been substantially performed and the debtor performed the obligation in good faith.
7. In order that the obligation be considered substantially performed in good faith, there must have been an honest attempt to perform, without any willful or intentional departure therefrom.
8. Under the principle of substantial compliance, the debtor is completely released from the obligation despite his failure to completely perform the obligation and he may recover as though there had been a strict and complete fulfillment.
9. The obligation is deemed fully complied with when the obligee accepts the performance, knowing the incompleteness or irregularity , and without expressing any protest or objection. This is based on the principle of waiver and estoppel.
10. If the debtor's obligation is paid by another person, the third person is generally entitled to recover from the debtor what he has paid.
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
