[Solved] A obtained a loan from B. To secure the payment of the obligation, A delivered the warehouse quedans to B and authorized him to sell the sugar in case of default. The warehouse and the sugar were burned. Who bears the loss?

Q.	A obtained a loan from B. To secure the payment of the obligation, A delivered the warehouse quedans to B and authorized him to sell the sugar in case of default. The warehouse and the sugar were burned. Who bears the loss?
A.	B bears the loss because he became the owner of the sugar when the quedans were delivered to him;
B.	B because of the principle of res perit domino;
C.	By reason of the principle of res perit domino A bears the risk of loss;
D.	B because of the constructive delivery of the sugar.
Answer» C. By reason of the principle of res perit domino A bears the risk of loss;

3.9k

Do you find this helpful?

View all MCQs in

Philippines Civil Law Society

Discussion

No comments yet

Related MCQs

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 borrowed money from B. As security for the payment of the loan, he executed a chattel mortgage on the building erected on his land and the machinery stored therein. For failure to pay the loan, he was sued and a judgment was rendered against him, where the building and the machinery were levied upon. Is the chattel mortgage binding upon C, the plaintiff?
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 ordered books from Rex Publishing worth P1M. The books were delivered to him at his office and as it was a Sunday, he issued a check which was dishonored when it was presented for payment. He sold the books to B. Can Rex Publishing recover the books?
Pedro receives a package via Federal Express. When he opened the package he realized that the same was delivered to him by mistake and that the real owner thereof is Pablo, his neighbor. The obligation of Pedro to give the package to Pablo arises from
A lent money to B in the amount of P3M and executed a mortgage over his house and lot to secure the payment of the obligation with a condition that if he fails to pay, A shall became the owner of the property. Is the stipulation valid?
Mr. MO executed a real estate mortgage over his land in favor of Mr. ME as security for a substantial loan he obtained from the latter. The mortgage agreement provided for a “first refusal clause”, i.e., Mr. MO, is obligated to offer the property first to Mr. ME in case he decides to sell the property mortgaged. Which of the following statements expresses a correct legal principle?
A, a practicing lawyer represented B in the intestate proceedings of his father. The agreement is on a contingency basis as B did not have money to pay the services of A. To secure the payment of B’s obligation, they executed a mortgage over ¼ of what B will receive from the estate of his father. Is the mortgage valid?
A & B entered into a contract of pledge, where B delivered his car to A as security for the payment of an obligation in the amount of P2M. For failure of B to pay what is the remedy of A?
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.