Introductionto LAW - Quiz Reviewer Business Law Subject PDF

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When a thing is designated merely by its class or genus without any particular designation or physical segregation from all others of the same class.Indeterminate thing. Al has been missing for sometime leaving no one to manage his properties. Bo and Cyrus jointly took charge of the management there...

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When a thing is designated merely by its class or genus without any particular designation or physical segregation from all others of the same class. Indeterminate thing. Al has been missing for sometime leaving no one to manage his properties. Bo and Cyrus jointly took charge of the management thereof. However, due to the fault of Bo, the properties of Al were damaged. The liability therefore to Al for damages shall be_____________. Both shall be solidarily liable Daryl are the essential elements of an obligation, except: PRESENTATION All of the following except one are civil liabilities arising from crime. IMPRISONMENT Daryl is the driver of the passenger bus which is owned and operated by Osni. While Daryl is driving said bus, it met an accident through his negligence where Prots, a passenger, was injured. Daryl is liable to Prots for damages which arises from. Culpa contractual When a thing is particularly designated or physically segregated from all other of the same class. SPECIFIC THING It is one of the essential elements of an obligation AN OBJECT OR PRESTATION It refers to certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly enriched or benefited at the expense of another. QUASI-CONTRACT I. The object of civil law is the redress of wrong by compelling compensation or restitution. II. In case of crimes, the main object of the law is to punish the wrong doer. BOTH ARE TRUE It is a juridical relation whereby a person may demand from another the observance of a determinative conduct, and in case of breach, may demand satisfaction from the assets of the latter. OBLIGATION X by mistake delivered to A and B a sum of money which should have been delivered to C and D. X now demand the return of the same from A and B. The liability of the latter for the sum of money to which they are not entitled shall be: A AND B SHALL BE LIABLE SOLIDARILY I. Obligation to do is also known as negative personal obligation. II. Obligation not to do is otherwise known as positive personal obligation.

BOTH ARE FALSE It is a rule of conduct, just, obligatory, promulgate by legitimate authority, and of common observance and benefit. LAW A civil liability which involves the return of the object of the crime whenever possible, plus allowances for any deterioration or diminution of value as may be determined by the court to the rightful ownerRESTITUTION I. An obligation “to do” includes all kinds of work or service. II. An obligation “to give” is a prestation which consists in the delivery of a movable or an immovable thing. BOTH ARE TRUE It the act or omission by which a party violates a right of another. CAUSE OF ACTION It is a claim or title to an interest is anything whatsoever that is enforceable by law. RIGHT A wrong committed independent of contract and without criminal intent isCulpa Aquilana Three of the following are requisites of an obligation. Which is the exception? DELIVERY When Al voluntarily takes charge of the neglected business of Bo without the latter’s authority where reimbursement must be made for necessary and useful expenses, there is a. NEGOTIORUM GESTIO D owes C P200,000 but the debt had already prescribed. If D, knowing that it has prescribed, nevertheless paid C, he cannot later on get back what he voluntarily paid C. This is an example of a NATURAL OBLIGATION Which of the following is not considered as quasi-contract? None of the above When in fact manager has been tacitly authorized by the owner

Thef ol l owi ngar et hes our c esofanobl i gat i on,ex c ept : Pr est at i on

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. From perfection, the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which according to their nature, may be in keeping with good faith, usage and law. This is known as the principle of: OBLIGATORY FORCE OF CONTRACT AND COMPLIANCE There is no negotiorum gestio in one of these instances: I. When the property or business is not neglected or abandoned. II. If in fact the manager has been tacitly authorized by the owner. BOTH ARE TRUE 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. Contracts; Obligation of the debtor to deliver a thing, movable or immovable, to the creditor. Obligation to give It refers to an act or omission which causes damage to another, there being fault or negligence. The parties has no pre-existing contractual relation. QUASI-DELICT I. An obligation is a power, privilege, or immunity guaranteed under a construction, statute or decisional law, or recognized as a result of long usage, constitutive of a legally enforceable claim of one person against the other. II. For every right enjoyed by any person, there is a corresponding obligation on the part of another person to respect such right. ONLY II is TRUE A juridical relation known as negotiorum gestio takes place. WHEN A PERSON VOLUNTARILY TAKES CHARGE OF ANOTHER’S ABANDONED BUSINESS OR PROPERTY Where X voluntarily takes charge of the neglected business of Y without the latter’s authority where reimbursement must be made for necessary and useful expenses, there is a: NEGOTIORUM GESTIO Daryl owes Cris P100. By mistake Daryl pays Cris P1,000. Cris must return the P900. This is an example of. SOLUTIO INDEBTI The following are requisites of quasi-delict, except: DAMAGE SUFFERED BY DEFENDANT The officious manager or gestor is liable for any fortuitous event, except . IF HE HAS UNDERTAKEN RSIKY OPERATIONS WHICH THE OWNER If something is received when there is no right to demand it, and it was unduly delivered through

mistake, the obligation to return it arises. SOLUTION INDEBTI The obligation of the employer to pay death benefits and funeral expenses for his employee’s death while in the course of employment as sanctioned by the Workmen’s Compensation Act is one that arises from: LAW When Al voluntarily takes charge of the neglected business of Bo without the latter’s authority where reimbursement must be made for necessary and useful expenses, there is a. NEGOTIORIUM GESTO It is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. CIVIL ACTION Thet hr eeess ent i al el ement sofacauseofact i onar et hef ol l owi ng,ex cept : Theactoromi ss i onoft hepl ai nt i ffi nvi ol at i onofsai dl egalr i ght . Which of the following is not an obligation arising from law? CONTRACT A wrong committed independent of a contract and with criminal intent. CULPA CRIMINAL A mango tree in the land of Osni is reclining towards the road. All of a sudden, without a storm or an earthquake or even a strong wind, the tree fell hitting a car belonging to Yassie causing a P20,000 damage. The liability of Osni to Yassie arises from. Quasi-delict Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so. Negotiorum gestio A system of norms or rules of a character general and common which regulate the relations of persons, individual or collective, and which protects the person in his personality as well as his interest both moral and patrimonial. Civil Law X has been missing for some time leaving no one to manage his properties. A and B jointly took charge of the management thereof. However, due to the negligence of A, the properties of X for damages shall be:

Both shall be solidarily liable In delict or acts or omissions punished by law, what is not included in civil liability?

Interest It is a juridical necessity to give, to do or not to do. Obligation The duty not to recover what has been voluntarily paid although payment was no longer required: Natural Obligation I. Negligence is the failure to observe that degree of care, precaution, and vigilance that the circumstances justly demand. II. Negligence is the failure to observe for the protection of the interests of another person that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury. BOTH ARE TRUE Culpa aquiliana as distinguished from culpa contractual THE SOURCE OF LIABILITY IS THE DEFENDANTSS NEGLIGENT ACT OR OMISSION ITSELF

NATURE AND EFFECT OF OBLIGATION Question 1 It signifies all of those things which have for their object the embellishment, use or preservation of another thing which is more important and to which they are not incorporated or attached. ACCESORIES Question 2 Default on the part of both parties because neither has completed their part in their reciprocal obligation. COMPENSATIO MORAE Question 3 In the following instances, demand is not necessary, except:

In unilateral obligation. Question 4 Delay of the oblige or creditor to accept the delivery of the thing which is the object of the obligation. MORA ACCIPIENDI Question 5

Which of the following is not an obligation of the debtor in specific real obligation?

Tot akecar eoft het hi ngext r aor di nar ydi l i gence Question 6 Unless the law or stipulation of the parties requires another standard of care, the obligation to give a thing carries with it the obligation to take care of it with DILIGENCE OF A GOOF FATHER OF A FAMILY Question 7 Cha Yu-Ri obliged herself to deliver a determinate pig to Jo Gang-Hwa on December 31, 2019. When the date of the delivery of the pig arrived, the pig has already seven offsprings. The seven offsprings was born before the obligation to deliver the pig has arisen and Jo Gang-Hwa has not yet paid the purchase price. Cha Yu-Ri should deliver the MOTHER PIG ONLY Question 8 These are produced by lands of any kind through cultivation or labor. INDUSTRIAL FRUITS

Question 9 I. In compensatio morae, the parties cancel out the effects of default, such that it is as if no one is guilty of delay. II. In reciprocal obligations, as in a contract of sale, the general rule is that the fulfillment of the parties’ respective obligations should be simultaneous. BOTH ARE true Question 10 I. When the plaintiff’s own negligence was not the immediate and proximate cause of his injury, he cannot recover damages. II. If the plaintiff’s negligence was only contributory, the immediate and proximate cause of the injury being the defendant’s lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded. ONLY 2 IS TRUE Question 11 It is the power belonging to a person over a specific thing, without a passive subject individually determined, against whom such right may be personally exercised. REAL RIGHT

Question 12 The object thereof is designated merely by its class or genus without any particular designation or physical segregation from all others of the same class. GENERIC THING Question 13 It is the power of one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to do, or not to do. PERSONAL RIGHT Question 14 Under Article 1163, unless the law or the stipulation of the parties requires another standard of care, every person obliged to give something is also obliged to take care of it with DILIGENCE OF A GOOD FATHER OF A FAMILY Question 15 I. If a person obliged to do something fails to do it, the same shall be executed at his cost. II. The same rule shall be observed if he does it in contravention of the tenor of the obligation. BOTH ARE TRUE Question 16 A thing is determinate when it is particularly designated or physically segregated from all other of the same class. SPECIFIC THING Question 17 I. When what is to be delivered is a generic thing, the creditor may compel the debtor to make the delivery. II. If the thing to be delivered is a determinate thing, the creditor may ask that the obligation be complied with at the expense of the debtor. BOTH ARE FALSE Question 18 Are those which arise from the same cause, and which each party is a debtor and a creditor of the other, such that the obligations of one is dependent upon the obligation of the other? RECIPROCAL OBLIGATION Question 19

I. It is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulations. II. The Civil Code characterizes negligence as the omission of that diligence required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. BOTH ARE TRUE Question 20 The following statements explain negligence, except: IT IS EXPECTED FROM, AND ORDINARILY EXERCISED BY A PERSON WHO SEEK TO SATISFY A LEGAL REQUIREMENT OR TO DISCHARGE AN OBLIGATION Question 21 Delay in the fulfillment of an obligation by reason of a cause imputable to the debtor. MORA SOLVENDI Question 22 When the amount is known or is determinable by inspection of the terms and conditions of the relevant promissory notes and related documents. DEBT IS LIQUIDATED Question 23 Which of the following is not a requisite of default? THAT THE DEBTOR DEFAULTED ON MATURITY DATE OF THE OBLIGATION Question 24 Under Article 1164, the creditor has a right to the fruits of the thing from THE TIME THE OBLIGATION TO DELIVER THE THING ARISES Question 25 These are the spontaneous products of the soil, and the young and other products of animal. NATURAL FRUITS Question 26 These are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. CIVIL FRUITS Question 27

I. When an employee causes damage due to his own negligence while performing his own duties, there arises the presumption that his employer is negligent, rebuttable only by proof of observance of the extraordinary diligence. II. In the selection of prospective employees, employers are required to examine their employees as t their qualifications, experience and service records. ONLY 2 IS TRUE Question 28 Which of the following is not a right of the debtor in generic real obligation? TO COMPEL SPECIFIC PERFORMANCE Question 29 When does delay begins? OBLIGEE JURIDICALLY OR EXTRA JURIDICALLY DEMANDS FROM THE OBLIGOR… Question 30 I. Mere delinquency in payment does not necessarily mean delay in the legal concept. II. Default generally begins from the moment the creditor demands the performance of the obligation. BOTH ARE TRUE

Ex t r emec ar et hataper s onofunus ualpr udenc eex er ci s et os ecur er i ght sorpr oper t y . EXTRAORDI NARYDI LI GENCE I .Thehi ghes tdegr eeofdi l i gencei sexpect ed,andhi ghst andar dsofi nt egr i t yandper f or mance ar er equi r edoft hebanki ngbusi ness . I I .Thedegr eeofdi l i gencer equi r edofbanksi smor et hant hatofagoodf at herofaf ami l y . Both are true

I tsi gni fiesal loft hoset hi ngswhi char epr oducedbyt het hi ngwhi c hi st heobj ectoft he obl i gat i onaswel lasal l oft hosewhi char enat ur al l yorar t i fic i al l yat t achedt her et o. ACCESSI ONS I .I ft heobj ectofobl i gat i oni sagener i ct hi ng,t hel os sordest r uct i onofanyt hi ngoft hesameki nd ev enwi t houtt hedebt or ’ sf aul tandbef or ehehasi ncur r edi ndel aywi l l nothav et heeffectof ext i ngui shi ngt heobl i gat i on. I I .Anobl i gat i ont opaymoneyi sgener i c. BOTH ARE TRUE Whi choft hef ol l owi ngi sadet er mi nat et hi ng?ATOYOTAFORTUNERWI THPLATENO. SJB349

DIFFERENT KINDS OF OBLIGATION

Anobl i gat i onwhi c hi nv ol v esmul t i pl epr est at i onsbutdebt orwi l l onl yper f or m one pr es t at i on. Alternative Obligation

Ar et hos ewhi c har i s ef r om t hes amec aus e,wher ei neac hpar t yi sadebt oranda c r edi t oroft heot her ,s ucht hatt heper f or manc eofonei sc ondi t i onedupont he s i mul t aneousf ul fi l l mentoft heot her . Reciprocal Obligation

Anobl i gat i onwher eonl yonepr es t at i onhasbeenagr eedupon,butt heobl i gormay r enderanot heri ns ubs t i t ut i on. Facultative obligation

I ft heobl i gat i onoft hedebt ori s"Iwi l lpayy oumydebtaf t erIhav ear r i v edf r om abr oad" ,t hi si s c ondi t i onal Thef ol l owi ngar eot hert er msi nt er changeabl yusedwi t hs ol i dar yobl i gat i ons ,ex cept : Manc um Conj oi nt Pr opor t i onat e An obligation whose performance of the prestation cannot be fulfilled in parts. Indivisible obligation The condition involves the non- performance of an act. Negative condition It has the effect of "unmaking a contract, or its undoing from the beginning, and not merely its termination." Rescission

Thec ondi t i oni snots us cept i bl eofpar t i al r eal i z at i on.

I ndi v i s i bl econdi t i on I ti sac l as si fi cat i onofac ondi t i onwher et hef ul fi l l mentoft hec ondi t i ondependsupon t hewi l lofoneoft hecont r ac t i ngpar t i es .

Pot es t at i v ec ondi t i on

Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of: Both the creditor and debtor An obligation where one debtor can be made to pay for the whole obligation subject to reimbursement.

Solidary obligation It is an obligation where the whole debt is to be paid or fulfilled proportionately by the different debtors and/or to be demanded proportionately by the different creditors. Joint obligation This is solidarity among the debtors and creditors. Passive solidarity Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Ex die

Ther ear es ev er al condi t i ons ,al lofwhi c hmus tber eal i z ed. Conjunctive condition The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. Doctrine of constructive fulfilment of suspensive condition An obligation which involves a principal prestation and a substitute prestation. Facultative obligation The credit or debt is divided into as many shares as there are creditors or debtors, the credits or debts being considered distinct from one another. Joint obligation A person who has the right to the benefits of another's property. Usufructuary Are those which have as their object a prestation which is susceptible of partial performance without the essence of the obligation being changed. Divisible obligation The following are the terms interchangeably used with joint obligations, except: Juntos o seperadamente Obligations which take effect at once, but terminate upon the arrival of the day certain. In diem May be defined as a tie or vinculum among several creditors of one and the same obligation.

Active Solidarity Every future event and uncertain event upon which an obligation is made to depend. condition An obligation whose fulfillment or extinguishment depends upon a future and certain event.

Obl i gat i onwi t haper i od An obligation where all objects must be performed to extinguish the obligation. Conjunctive Obligation An obligation whose performance of the prestation can be fulfilled in parts. Divisible obligation The fulfillment of the condition depends upon chance and/or upon the will of a third person. Casual condition An obligation where only one object is due but the debtor may substitute another object. Facultative obligation It is also known as condition precedent. Suspensive condition I tr ef er st oaj oi ntobl i gat i on: One in which each of the debtors is liable only for their proportionate part of the debt and each of the creditor is entitled only for a proportionate part of the credit. Anobl i gat i onwhosef ul fil l mentorext i ngui shmentdependsuponaf ut ur eanduncer t ai nev ent . Conditional Obligation Is an obligation with an accessory undertaking by virtue of which the obligor assumes a greater liability in case of breach of the obligation. Obligation with a penal clause The following are the effects of joint obligation, except:

Insolvency of one joint debtor makes the other joint debtor or debtors responsible for this p...