When a party causes damage to another due to his negligent act and such damage is caused in the course of the performance of a contractual obligation, the latter is liable to the former on the basis of

Related MCQs

• No. 1 - the same act of negligence of the defendant that causes injury to another may give rise to a liability based on culpa aquiliana and culpa criminal and the injured party may recover twice from the same act or omission of the defendant. No. 2 - When the defendant causes damage to the plaintiff through the formers fault or negligence, there being no contractual relationship between them, the basis of the defendant’s liability is a quasi-contract.
• When an injury or damage is caused to another, there being fault or negligence and there is no pre-existing contractual relation between the parties, the source of the obligation is:
• A is indebted to ABC Corporation in the amount of P100M. Despite efforts to collect from A, the latter failed to pay due to business reverses as he has no more assets. In order to maintain a more accurate inventory of the worth of its current assets, ABC Corp. was forced to write-off A’s obligation. One (1) year later, A won the lotto draw in the US in the amount of $100M. Learning of the good luck of A, it demanded for payment, but A refused to pay contending that his obligation was extinguished when it was written-off. Is A correct?
• To secure the payment of his obligation, A pledged to his surety C, his car who sold the car after paying the obligation of A. The obligation was P2M but the car was sold for only P1M. Can the surety recover the deficiency?
• Jose is under obligation to deliver to Pedro, at the option of Jose, a car, a pick-up truck, or a van, all of which are specific. No. 1 - If the car and the pick-up truck were lost through Jose’s fault, he has no choice but to deliver the van; If the van was lost through a fortuitous event before delivery, the obligation is extinguished and Jose is not liable. No. 2 - If the pick-up truck and the car were lost through a fortuitous event, Jose has no choice but to deliver the van; if before delivery, the van was lost because of Jose’s fault, he is liable.
• A, an employee of XYZ Corp., receiving a salary of P40,000.00 per month died due to a vehicular accident. During the trial of the case filed by his heirs, the latter failed to produce his income tax returns as he never filed the same with the BIR and yet, they were claiming for damages due to unearned income. Is the defendant liable?
• X and Y are married. They have a daughter Z. They are living in the house of Y’s parents, but left the house because of differences with his parents-in-law and his wife due to her refusal to leave the house. He was prevented from visiting his child and the latter was prevented from seeing her father? What is the remedy of X?
• A sold his car to B, but the latter failed to register the car under his name. While B was driving the car, it met an accident resulting in injuries to C. Who may be liable?
• Samson, the son of a wealthy family has always claimed that since childhood, he was not a boy. He played with the girls and did not mingle with the boys. After finishing his course at a university in the Philippines, he went to the US to take up his masteral and doctorate degrees. He consulted several doctors of the possibility of sex transmission from that of male to that of a female. The sex transmission was done in Thailand and which was certified as successful by a medical expert in Manila, hence, he claimed to be a woman. He filed a petition for correction of entry of his record of birth from male to female and his name from Samson to Delailah as he was marrying his fiancé. The lower court granted the petition. Is the order of the court correct?
• A and B are capitalist partners, with C as an industrial partner. A and B contributed P15, 000.00 each to the capital of the partnership. A contractual liability of P40, 000.00 was incurred by the partnership in favor of X. If the capital assets have been exhausted to pay X, leaving a contractual liability of P10, 000.00, X can recover the amount from: