Midterm

Exam Reviewer Law 11 C 1. a. Topic: Liability for fortuitous events b. Answer i. Ingrid is incorrect because she, the obligor, promised to deliver the same thing to 2 people who do not have the same interest. This makes her liable for fortuitous events. 2. a. Topic: Suspensive conditions b. Answer i. It is too early for Bana to file a case because the entire condition has not yet been fulfilled. Norman has yet to obtain employment with another airline. It may or may not happen. ii. Yes, Norman is correct. (penalty doesnt apply, so he has to prove damages in order to collect damages) 3. a. Topic: b. Answer i. Samantha is incorrect. She should have protected her interests before the deal between Tyler and Flay was made. So when Tyler bought the Corolla, it was done in good faith. ii. *In the event that ADMU does win the championship, she could file a case against Flay. 4. a. Topic: Solidary debtors and creditors b. Answer i. Len in incorrect because although his debt was already remitted, he still has to pay the debt of Ron since they are solidary creditors. He can later ask for Ron for reimbursement. 5. a. Topic: Quasi-Contract (Solutio Indebiti) b. Answers i. The couple does NOT have the legal basis to withdraw the dollars because it does not belong to them. It was entered in their account by mistake. By doing so, they would be unjustly enriched (solutio indebiti). ii. The legal remedy of the bank is to demand for the $495,000 they accidentally gave. (If the couple refuses to return it, they can also ask for damages.) 6. 6A a. Topic: (Judicial) Rescission b. Answer i. The contract is not non-existent, and it can still be enforced because it has not yet prescribed (10 years). ii. What the companies can do is to file for rescission + damages because of substantial breach on Stephanies part.

 6B c. Topic: Potestative (Sole Will) Obligations d. Answers i. If the potestative condition depends upon the sole will of the DEBTOR, the condition is VOID and the pre-existing obligation will remain valid. ii. If the potestative condition depends upon the sole will of the CREDITOR, a third party, or by chance, the condition and the pre- existing obligations are VALID. 7. a. Topic: Payment to Solidary Creditors (Art. 1214) b. Answers i. Alma has the right to recover payment from Rio since she demanded him to pay her. ii. After the full payment, however, Joey should have given Alma her share. He is liable to Alma for delay. 8. a. Topic: Fruits b. Answer i. One of the obligations of the debtor is to deliver the fruits along with the principal thing. The Cruz couple has been legally entitled to the fruits of the apartment from the time they paid for it in full. In this case, the fruit of the apartment is RENT, and they are entitled to receive the rent from July 1, 2011 December 31, 2011. 9. a. Topic: Simple and Alternative Obligations b. Answer i. Tom cant demand from anything from any of the debtors because he is the creditor in an alternative obligation. ii. What the debtors have to do now is to deliver the only practicable prestation left among their choices, which is to give P330,000 cash. (They may have lost their cash on hand, but cash is generic.) 10. *not answered in class a. Topic: Confucius b. Answer i. Since Haydn didnt take extra steps to protect his interests and Vivaldi now has ownership, Vivaldi might have the better right to it. But Haydn can also prove that Paganini bought it in bad faith, so (they can argue in court? ) 11. Sir didnt want to answer this because he thought it was messy. 12. a. Topic: Solidary debtors and creditors b. Answer i. Neil doesnt have to be in the case since they are solidary creditors. Either one of the solidary creditors has the right to demand the entire

amount from either or all of the solidary debtors until the full amount is paid. 13. a. Topic: Breach of Contract b. Answer i. Maribel is correct because when she committed the breach of contract, Raffy had 2 choices --- either to ask for rescission or ask for fulfillment with an indemnity for damages either way. However, after he continued to accept her payments when she resumed paying, it is understood that he chose fulfillment over rescission. He cant change his mind anymore unless it becomes impossible for her to fulfill the obligation. 14. a. Topic: Delay b. Answer i. Mar cant claim any damages from Noy because Noy was only in ordinary delay when the loss due to fortuitous events occurred.