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    Problem Set - Arts. 1170-1192: Memorize: Art. 1174

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    Michael Jay Lingeras
    The document provides instructions for a problem set on Articles 1170-1192 of the Civil Code. It lists 9 multiple choice questions regarding legal cases involving culpa contractual, culpa aquiliana, fortuitous events, potestative conditions, and rescission of contracts. For each question, students are asked to explain their answer in no more than three sentences.

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    Problem Set - Arts. 1170-1192: Memorize: Art. 1174

    Uploaded by

    Michael Jay Lingeras
    15 views2 pages
    The document provides instructions for a problem set on Articles 1170-1192 of the Civil Code. It lists 9 multiple choice questions regarding legal cases involving culpa contractual, culpa aquiliana, fortuitous events, potestative conditions, and rescission of contracts. For each question, students are asked to explain their answer in no more than three sentences.

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    Oblicon 2

    Original Title

    02_1170-1192_RELEASE

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    The document provides instructions for a problem set on Articles 1170-1192 of the Civil Code. It lists 9 multiple choice questions regarding legal cases involving culpa contractual, culpa aquiliana, fortuitous events, potestative conditions, and rescission of contracts. For each question, students are asked to explain their answer in no more than three sentences.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    15 views2 pages

    Problem Set - Arts. 1170-1192: Memorize: Art. 1174

    Uploaded by

    Michael Jay Lingeras
    The document provides instructions for a problem set on Articles 1170-1192 of the Civil Code. It lists 9 multiple choice questions regarding legal cases involving culpa contractual, culpa aquiliana, fortuitous events, potestative conditions, and rescission of contracts. For each question, students are asked to explain their answer in no more than three sentences.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Problem Set – Arts.

    1170-1192

    Instructions:
    Please read the discussions on the assigned articles before answering the problems below. Only
    one member will submit the answers. The other team members will just submit their group
    number. No need for everyone in the group to upload the answers. Submission will be made by
    group, and the same grade will be given to all members. Deadline of submission is 5:00 pm on
    the day of the scheduled online discussion. For those who are unable to join the online
    discussion, the recorded discussion will be uploaded on Saturday.

    All answers should be explained in not more than three sentences. A “yes” or “no” answer will
    not have credit.

    Memorize: Art. 1174.

    1. A passenger on a taxi was hurt during a vehicular collision. In a criminal case against the
    driver, the driver was acquitted. The passenger now sues the owner of the taxi for culpa
    contractual.

    a. Will the suit prosper against the owner of the taxi?


    b. What are the requisites of damages in culpa contractual?

    2. A visitor drowned in a swimming resort who swam at 9:00 a.m. Based on the signages
    posted around the pool area, the operating hours is from 10 a.m. to 4:00 p.m. The heirs
    of the deceased sued the swimming resort for culpa aquiliana because the life guards’
    were not able to save the deceased. Is the swimming resort liable?

    3. Juan is indebted to Juana for P10,000. The night before Juan is about to pay Juana,
    Juan’s house was violently robbed, including the P10,000 payment to Juana which was
    kept in a safe deposit box. Juan claims that, due to fortuitous event, he is not bound to
    pay the P10,000 to Juana. Is Juan correct?

    4. In a contract, it was agreed that for 30 years, the planters would deliver their sugar to a
    milling company for 30 years. However, during the war (which lasted four years) and
    during the period of reconstitution (which lasted two years), the milling company could
    not operate its mill. Should the period of six years be made up, such that the planters
    are required to delivery for an additional six more years to the same mill to make up for
    what they had lost?

    5. Juan binds himself to pay Juana the sum of P5,000 when he can afford it. Is the
    obligation with a condition?

    6. Juan secured an insurance contract with a stipulation that the driver of an insured car
    must be the owner of a valid and subsisting license. Juan figured in an accident and at
    the time of the accident, he had an expired license. Can he claim the insurance
    proceeds?
    Problem Set – Arts. 1170-1192

    7. Juan owned a house which is currently rented by lessee. Juan sold the house to Juana,
    and Juana agreed to pay the price as soon as the lessee leaves the premises. Juana
    made sure that the lessee leaves the premises. Juan, having a change of heart, wanted
    to invalidate the contract saying that the contract is void because it is potestative on
    Juana’s part. Is Juan correct?

    8. Juan promised to sell Juana his car if Juana passes the CPA Board Exam. On the day of
    exam, Juan caused Juana to be poisoned and be hospitalized, thus, Juana was not able
    to take the exam. It also turned out that Juana was disqualified to take the exam
    because she did not finish high school. Is Juan obligated to sell his car to Juana?

    9. Juan sold his land to Juana. He informed Juana that he needs to pay off certain loans
    which fell due in the month of January 2021. When the time of payment came, Juana
    was not ready to pay, so Juan rescinded the sale and sold it to another person to meet
    his loans which are already due. Later, when Juana could pay, Juan no longer wanted to
    sell. In other words, Juan decided rescission, Juana desired specific performance. Who is
    correct?

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