Exam 9: Obligation Scenarios in Civil Law

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Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. Which of the following statements is more likely in accordance with accepted legal principles?

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D

The guardian of an imbecile shall be civilly liable as principal for the crime committed by the imbecile alone.

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A

May a mortgagor's liability on labor claims be transferred to the mortgagee-creditor?

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D

Which of the following is correct?

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Mr. P, a passenger in Allied Bus Lines, a common carrier was seriously injured when the bus fell into an embankment because of the negligence of the bus driver. Which of the following statements is more likely in accordance with accepted legal principles?

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An obligation to pay can arise from certain lawful, voluntary and unilateral act which did not benefit anyone or which did not cause damages to another person.

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Which of the following is correct?

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A part can recover damages incurred during the period of negotiation, even if the contract is not finally perfected as long as there was a definite offer made by the other party who, without any valid reason, withdrew from the negotiations.

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The service of the subsidiary imprisonment of an insolvent offender shall extinguish his civil liability.

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A court is empowered to ignore an unreasonable contract for attorney's compensation although it is not shown to be contrary to morality or public policy.

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Every contract of partnership having a capital of three thousand pesos or more, in money or property, shall appear in a public instrument, which must be recorded in the Office of the Securities and Exchange commission. Failure to comply with this requirement;

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Article 1157 at the Civil Code enumerates the different sources of obligation. This enumeration is exclusive.

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Alonzo offered to sell to Bernardo a parcel of land at a specified price. Alonzo gave Bernardo (60) days within which to accept the offer. Bernardo agreed to the period.

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Under a contract of guaranty, may the benefit of excussion be waived?

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A and B are partners in A & B Partnership. A owns two parcels of land which he contributed to the partnership. B owns six trucks which he contributed to the partnership. The profits of the land and the trucks were also included as contributions. The properties contributed are all what A and B own. The partnership is:

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Which is not an element of Novation?

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In case of losses, the industrial partner shall,

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Santos owes Maria ₱5 million. The debt is secured by a mortgaged on the house of Santos.No. 1 - If before the due date, the security is lost through no one's fault, Maria can declare the debt due and demandable even before the original maturity date.No. 2 - If the house was burned up to 25% its value through the fault of Santos, the debt may be declared due by Maria even before the original maturity date but she cannot do so if the impairment was without the fault of Santos.

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X, Y, and Z are partners in XYZ Partnership, Ltd. Y as limited partner. After five years of operations, the partnership incurred debts in favor of third persons totaling ₱5 million. The total partnership assets is ₱3 million. Who among the partners shall be liable with their separate property in favor of creditors?

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Which of the following is not a form of an equitable mortgage?

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