(8)pre-week

BUSINESS LAW: Pre-week Lecture

1. Culpa aquiliana as distinguished from culpa conctractual: a. Proof of due diligence in the selection and supervision of employees is not considered a defense. b. Proof of of the contract and its breach breach is sucient to warranty recovery. c. The negligent negligent of the defendant defendant is only an incident in the performance of the obligation. obligation. d. The source source of liability is the negligent act of the person person causing damage damage to another. another. 2. ! "! and C e#ecuted a promissory note in favor of $! %! and & in the amount of P'! (((.((.Can the creditors proceed against  for the payment of the entire loan) a. *o! each creditor creditor can only collect P+! ((( from . b. ,es! anyone of of the creditors creditors can collect the entire P'! ((( from  c. *o! each each of the creditors can only collect P1! ((( from each debtor. debtor. d. ,es! because the obligation obligation is presumed to be solidary +. -n the preceding problem! suppose the obligation is mi#ed solidarity can one of the creditors demand payment of the whole debt from anyone of the debtors) a. ,es! because the obligation is presumed to be oint and several b. ,es! but  and " shall be liable proportionately proportionately c. *o! because of their ointly liability and therefore therefore the debts debts are distinct distinct from one another. another. d. *o! because only either of them can be held liable for the share share of C. /. 0till in the proceedin proceeding g problem! problem! suppose the obligation obligation is mi#ed solidarity solidarity can one of the creditors demand payment of of the whole debt from anyone anyone of the debtors) debtors) a. *o! because the debts are distinct and separate from from one another b. ,es! because it is as if there is only one obligation. c. ,es! because provided all of them them demand from from all of the debtors d. *o! because despite solidarity! a debtor is liable only for his share. share. . -ndivisibility as distinguished from solidarity: a. Plurality of subect subect is indispensible indispensible b. efers to the creditors and3or debtors c. 4ay 4ay either either passive or active d. efers to the prestation prestation which constitutes constitutes the obect of the obligation obligation 5. 6nder the *egotiable -nstruments 7aw! to be holder in due course! a person must have acquired the instrument before before it8s over due .$oes .$oes this apply to the payee to whom the ma9er issued an overdue note) a. ,es! ,es! because the payee is still considered a holder holder under the law b. *o! because the issuance issuance to the payee is not considered considered a holder under under the law c. ,es! because because the law does not distinguished between payee and subsequent subsequent holder d. *o! because the payee is privy to the contract between himself and the ma9er. . ;hen one of the parties has brought an action to enforce the contract! he cannot subsequently as9 for its reformation.

The inured inured party party may see9 rescission rescission even after he chosen the fule#isting contractual relation between parties. The unpaid seller cannot recover the thing sold from an innocent purchaser for value. a. True! true b. &alse! false c.&alse! true d. True! false 22. ;hich of the following is not an essential element of an obligation) a. Abligor c. Presentation b. %cient cause d. Creditor 2+. -t is an obligation to which is based on positive law gives it a right to enforce its performance.   a. *atural obligation c. 4oral obligation b. Civil obligation d. 7egal obligation 2/. ;hich of the following is not a source of an obligation) a. 7aw b. Contracts c. $elict d. $amages e. Buasi>contracts 2. Abligations are derived from law are presumed e#cept those found in the Civil Code or in special laws. Abligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. a. "oth statements are true c. "oth are false b. &irst is false! second is true d. &irst is true! second is false 25. This is a principal 9ind of quasi>contract arising out of payment by mista9e or undue performance of an obligation: a. 0olutio indebiti b.*egotiorum gestio c. Ather quasi>contract d. Buasi>delict 2. ;hich of the following is not a civil liability arising from delict) a. -ndemnicontract there is no consent of the parties thus preventing a meeting minds between them -n quasi>delict there is no>intention on the part of a person doing a wrongful act or omission causing damage to another a. &irst is statement is false! second is true c. "oth are true b. &irst is true! second is false d. "oth are false

2'. This is the 9ind of diligence that the obligor must observe in the performance of his obligation to give something: a. $iligence of a good father of a family b. %#traordinary diligence of a good father of a family c. $iligence of a father of a good family d. $iligence of a good father of a family even if the law or the stipulation requires another standard of care.

+(. The creditors acquire a real right against the debtor from the time the thing should have been delivered. The fruits of the thing shall pertain to the creditor from the time they should have been delivered to him that is he is personal right to demand delivery of the fruits e#isting after the obligation to deliver the principal thing arises a. "oth statements are false c. &irst is false! second is true b. "oth are true d. &irst is true! second is false +1. -n the obligation to deliver a thing! the debtor has to deliver also the accessories and accessions if they have been mentioned. -n obligation to do! speciP14 ">P24 and C>0ervice .fter e#hausting the partnership assets! the creditors still have a claim for P.+4.&or much is the partners liable to the creditors being capitalists. a. Anly  and " are liable equally to the creditors being capitalists b. Anly  and " are liable at 13+ and 23+ respectively c. ll of ! "! and C are liable pro pata to the creditors d. C is not being an industrial partner who is e#empt from the losses. 11+.  and " are co>owners of a parcel of land from which they derive proheirs in inheritance. -s there a partnership) a. There is a partnership because of the equal sharing of proownership by itself does not establish a partnership despite the sharing of propossessors 11/.  and " are partners in ce partnership. ;hile was performing his duties as a partner in the conduct of business! he negligently caused damage to J! a third person. ;ho shall be liable to J and in what capacity) a. Anly the partnership shall be liable it being uridical person separate and distinct from partners b. Anly  shall be liable for he is only the one at fault c. "oth  and " shall be liable solidarily to J. d. ! " and the partnership are all liable solidarily to J.

11. ;hich of the following is a not a prohibition on a limited partner) a. 0urname of a limited of a limited partner may not appear in the partnership name b. 7imited partner may not ta9e part in the control of the business. c. 7imited partner may not contribute service. d. 7imited partner may not constitute his assignee as substituted limited partner. 115. ! "! and C as partners in a partners in a partnership stipulated and mutually agreed that  shall not share in the prolaws c. $issolution of the corporation d. mendment of the articles of incorporation

1+(. Private corporations have the following attributes! e#cept: a. -t is arti(> 1(. -f a third persons pays an obligation. ;hat are the rights! which are available to him if he pays the obligation with the 9nowledge and consent of the debtor) &irst answer MIe can recover from the debtor the entire amount! which he has paid. 0econd answer MIe subrogated to all of the rights of the creditor. a. "oth statements are correct c. Anly the (>

15. -ndivisibility as distinguished from solidarity. a. Plurality of the subect is indivisible b. ;hen the obligation is converted into one of indemnity for damages because of breach! the character of the obligation remains c. efers to the legal tie or vinculum  d. .efers to the prestations without constitutes the obect of the obligation. 1. ;hen one of the parties has brought an action to enforce the instrument! he cannot subsequently as9 for its reformation The inured party may see9 rescission! even if after he has chosen fulwife of , without the benenegotiable because the payment is inde