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.

Related MCQs

• 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?
• A person who in the performance of his obligation is guilty of fraud, negligence or delay is liable for damages.
• A and B are married. A, with the use of fraud, sold a parcel of land belonging to them in 1990. B discovered it in 2011. Can he still file an action to declare the sale void?
• In 1980, during the lifetime of A’s parents he executed a waiver of right over his future inheritance in favor of his brother B. A predeceased his parents. After the death of his parents in 2010, B obtained a title over the whole estate. Can A’s children recover their father’s share?
• 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?
• 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.
• 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?
• An obligation to pay can arise from certain lawful, voluntary and unilateral act which did not benefit anyone or which did not cause damages to another person.
• 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?
• ABC Corp. is an owner of a Medical School & Hospital. X, a commentator of a radio station verbally attacked the corporation hence, the latter sued him for damages. Is the school entitled to moral damages?