When “A” promises to deliver to “B” any car, he has the obligation to preserve his car with due car.

Related MCQs

• 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 & B entered into a contract of sale over A’s car for P500,000.00. A has to register the car first before payment and delivery. After the registration of the car, A called up B that the car was ready for pick up. B asked him to send his driver to deliver the car as he was going to pay before delivery. B was able to convince the driver to leave the car at his garage and will just deposit the amount with A’s account for fear that the driver might be the subject of a hold-up. Instead of depositing the amount, he sold the car to C. Can A recover the car from C?
• 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?
• When “A” promises to deliver to “B” one of his present antique ears, he is confined to deliver only any of the antique cars that presently belong to him.
• P appointed A, his agent for the purpose of selling the former’s car for P500,000.00. A sold the car in his name to B. After delivery, it was found out that the car has hidden defects which rendered the car unfit for the purpose of B. Can B file an action against P even if A acted in his own name?
• Debtor owes Creditor P500,000. The debt is secured by a chattel mortgage on Debtor’s car. On the due date of the obligation, Creditor is paid by Third Person who has no interest in the obligation either as guarantor or surety. There is likewise no stipulation as to Third Person’s right to pay.
• On June 5, 2000, Jose Dizon was supposed to deliver to Ruben Samia a specified red car. There was no delivery however, on said date. On June 15, 2000, the garage of the car collapsed because of an earthquake and the car was totally destroyed. Is Jose Dizon liable?
• 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?
• Debtor owes Creditor P20, 000. On the due date of the obligation, Debtor could not pay. Debtor instead offered his TV set worth P20,000 in payment of the obligation. Creditor agrees.
• 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?