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Oblicon Exercises 1

B is not liable for failing to assist A with his calculus assignment, as there was no legal obligation for B to provide that assistance. Sea Horse Jr. does not belong to B, as it is not the offspring of Sea Horse, which was the specific animal A was obligated to deliver to B. When obligated to deliver a car, A has additional obligations to take care of the car diligently, deliver any fruits or profits from the car, and deliver any accessions or accessories, even if not specified. If the subject of an obligation is destroyed by a fortuitous event, the obligor is only liable if expressly specified by law, stipulation, or if the nature of the obligation requires assuming that

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3K views2 pages

Oblicon Exercises 1

B is not liable for failing to assist A with his calculus assignment, as there was no legal obligation for B to provide that assistance. Sea Horse Jr. does not belong to B, as it is not the offspring of Sea Horse, which was the specific animal A was obligated to deliver to B. When obligated to deliver a car, A has additional obligations to take care of the car diligently, deliver any fruits or profits from the car, and deliver any accessions or accessories, even if not specified. If the subject of an obligation is destroyed by a fortuitous event, the obligor is only liable if expressly specified by law, stipulation, or if the nature of the obligation requires assuming that

Uploaded by

Diosdado IV GALVEZ
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Exercises 1

1. A requested B to help him in his assignment in a very difficult subject Calculus. However, for no
reason at all, B failed to assist A. Is there a valid obligation on the part of B that he can be made
liable for damages?

Answer:

No, because there is a lack of legal tie/vinculum juris which binds both parties, therefore there is
no obligation present (Article 1156). The request of A is just a unilateral decision and was not agreed
upon by B, and such is not a valid source of an obligation. There is also no law, contract, quasi-contract,
delict, and/or quasi-delict present, and so an obligation cannot arise (Article 1157).

2. A is under obligation to deliver to B a determinate horse named Sea Horse in January 1, 2020 at B’s
house located along Teresa Street, Sta. Mesa, Manila. In January 5, 2020, Sea Biscuit delivered a
healthy baby horse which A planned to have it named Sea Horse, Jr. However, B is claiming that Sea
Horse, Jr. belongs to him which A strongly opposed. Whose contention is correct?

Answer:

Sea Horse Jr. does not belong to B because Sea Horse, which is owned by B, is not its parent and
the former is a separate entity thus is not under the ownership of B. Sea Biscuit/Sea Horse Jr. is not a
fruit nor an offspring of Sea Horse and is therefore not the possession of B, as it does not fall under
Article 1166.

3. A is obliged to deliver to B a determinate car. What are the other obligations of A relative to the car,
if any?

Answer:

A is obliged to take care of the car with the diligence of a good father of a family (Article 1163).
A is also obliged to deliver the fruits from the time the obligation to deliver arises (Article 1164). Also, A
is obliged to deliver the accessions and accessories even though they may not have been mentioned
(Article 1166). Lastly, if A is guilty of fraud, negligence, or delay, and in any manner contravene the
tenor, he/she is liable for damages (Article 1170).

4. Who is liable if the subject of the obligation was totally destroyed by a fortuitous event?

Answer:

If either a determinate/indeterminate thing is destroyed/lost without any fault but by a


fortuitous event, no person shall be responsible for those events. Except however when expressly
specified by the law, when otherwise declared by stipulation, or when the nature of the obligation
requires the assumption of risk; the obligor/debtor would still be liable even if the cause of the loss is
fortuitous event or force majeure (Article 1174).
5. A is obliged to construct B’s 3-storey house. However, A constructed only a 2-storey house although
with a roof deck. What are the corresponding rights and obligations of A and B?

Answer:

A has the right to comply with the obligation and complete the construction of the house. In
case of noncompliance, the court of justice may be called upon the aggrieved party (B) to enforce its
fulfillment or in default, therefore, the economic value it represents (Article 1170). However, B may not
punish A in an extrajudicial manner; legal actions must be taken. Also, B has the right to have the house
completed by himself, or by another, at the debtor’s expense. (Article 1167).

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