A person who in the performance of his obligation is guilty of fraud, negligence or delay is liable for damages.

Related MCQs

• A is an owner of a horse. He asked B to take care of it while reviewing for the Bar Exams. After the examination, he went to B to get back the horse but as he got near the horse, he was kicked by the horse on his face resulting in his blindness. He sued B for damages. Is B liable for damages?
• 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?
• A waiver made in advance not to file an action for damages based on future fraud in the performance of an existing obligation is void.
• 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 was one of the passengers of a vessel of Sulpicio Lines that sank resulting in the death of hundreds of passengers including A. The heirs of A filed an action for damages praying for compensatory, exemplary, moral damages. The brothers and sisters intervened and prayed for moral damages. Are they correct?
• No. 1 - If a person obliged to do something fails to do it, the only remedy of the obligee is to demand for the payment of damages. No. 2 - If a person obliged to do something fails to do it, he may be compelled by court action to fulfill his obligation.
• 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.
• A promised marriage to B, a gainfully employed girl. Before the marriage, they agreed that B would resign from the job, hence, a week before the date set for the wedding, B resigned, but A did not comply with the promise of marriage. B sued A for damages. Is A liable for damages?
• The lose of a determinate thing extinguishes the obligation to deliver by the obligor who is guilty of fault or delay.
• A checked in at ABC Hotel Corporation with his valuables. While shopping nearby, she left the room for half a day but when she went back, all his valuables were gone as her room was ransacked with the use of force. She filed a complaint for damages. Is the hotel keeper liable?