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Assignment 1.7

This document discusses various aspects of obligations under Philippine contract law. It defines specific/determinate things as those that are particularly designated, while generic/indeterminate things refer to a class that cannot be directly pointed out. The obligations of a person delivering a specific thing include preserving, delivering fruits and accessories of the thing itself. For generic things, the obligor cannot demand a superior quality nor deliver an inferior thing. Grounds for liability in damages are default, fraud, negligence, or contravening the obligation. Generally, a debtor is not liable for fortuitous losses, but there are exceptions such as if they are at fault or have promised the same thing to multiple parties.

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552 views5 pages

Assignment 1.7

This document discusses various aspects of obligations under Philippine contract law. It defines specific/determinate things as those that are particularly designated, while generic/indeterminate things refer to a class that cannot be directly pointed out. The obligations of a person delivering a specific thing include preserving, delivering fruits and accessories of the thing itself. For generic things, the obligor cannot demand a superior quality nor deliver an inferior thing. Grounds for liability in damages are default, fraud, negligence, or contravening the obligation. Generally, a debtor is not liable for fortuitous losses, but there are exceptions such as if they are at fault or have promised the same thing to multiple parties.

Uploaded by

AIRA BERMIDO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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1.

7 Obligation of Person Obliged to Deliver Determinate or Generic Thing;


Grounds for Lability to Pay for Damages; Fortuitous Event

QUESTIONS:
1. What is the difference between specific/determinate thing from
generic/indeterminate thing?

The difference between specific/determinate things and generic/indeterminate


things is that, when we say specific/determinate things, it is particularly designated or
physically segregated. There is a specific thing that should be delivered by an obligor.
While in generic/indeterminate things, it refers to a class or genus that cannot be
pointed out particularly or directly. If an obligor fails to deliver the generic thing, it can be
replaceable by another.

2. What are the obligations of person obliged to deliver specific/determinate


thing? (Article 1163, 1164, 1166, 1170 and 1246)

a. TO PRESERVE THE THING – this means that every person obliged to give
something is also obliged to take care of it with the proper diligence.

Ex. The iPhone 11 Pro Max I gave to my younger sister.

b. TO DELIVER THE FRUITS OF THE THING – this means that the creditor has
a right to the fruits of the thing from the time the obligation to deliver it arises.

Ex. Tako is the owner of the 4-doors apartment in Quezon City. The tenants will
give him the rental fee at the end of the month.

c. TO DELIVER THE ACCESSIONS AND ACCESSORIES – the delivery of all


accessories and accessions, even though they may not have been mentioned.

Ex. My sister bought a new laptop for her online class. Charger and laptop
case/bag should be included to the laptop she bought.

d. TO DELIVER THE THING ITSELF – an obligation to deliver the thing itself.


Ex. Mr. Pamin bound himself to deliver the only dog to his friend.

e. TO ANSWER FOR DAMAGES IN CASE OF NON-FULFILLMENT OF


BREACH – present in all kinds of obligations whether it is an obligation to deliver a
specific thing, a generic thing, to do, and not to do.

Ex. Jason obliged himself to deliver 50 boxes of Face Masks to Claire with a
price of P200/box. But Jason delivered 50 boxes of Face Mask with a price of 150/box.
He is guilty of fraud and must pay the damages to Claire.

3. What are the obligations of person obliged to deliver generic/indeterminate


thing? (Article 1246)

a. TO DELIVER A THING – quality and circumstances have not been situated,


the oblige cannot demand a thing of superior quality. Neither the obligor can deliver a
thing of inferior quality.

Ex. Jason promised Claire to deliver her a bottle of wine. However, Jason did not
mention a specific brand of wine to deliver to Claire. Jason cannot also require Claire to
accept a cheap brand of bottle of wine.

4. Enumerate and explain the grounds for liability to pay for damages? (Articles
1170, -1173, and 1169).

Law stated that damages are available in case of breach by means of default,
fraud, negligence, or contravention of the tenor of the obligation.

a. Default – it can also be known as delay. Default is the proper or legal term
because delay simply means as the ordinary delay which is normal. Default constitutes
breach of the obligation. In order to have a default, there must be an obligation which is
demandable and a failure to perform at the prescribed time.

b. Fraud – it is demandable in all kinds of obligations. There are two kinds of


fraud which are causal fraud and incidental fraud. But in this topic, incidental fraud is
applicable. When we say incidental fraud, it means the conscious and willful evasion of
fulfillment of an obligation. Fraud happens in the performance and the obligation is
necessary valid. If failed to do such performance, the remedy due to breach on contract
is simply an action for the damage done.

c. Negligence – similar with fraud, it is also demandable in all kinds of


obligations. Negligence means the failure to observe the diligence required by the
nature of the obligation. In Tagalog it means “kapabayaan”. The remedy for this ground
is damages. The law gives the court discretion to fix or regulate the amount of damages
awarded to the injured party.

d. Contravention of the tenor of the obligation – it refers to any defective


performance in the fulfillment of an obligation. Damages may be claimed in this case.

5. What are the rules in case an object is lost or damaged due to fortuitous event,
particularly as to the liability of the debtor in an obligation. Give specific
examples for your answers. (Article 1174 related to Article 1189)

a. WHEN EXPRESSLY PROVIDED BY LAW – in exceptions with (a.1), (a.2),


(a.3), (a.4), the special strictness of the law is justified.

a.1 Article 1170 – the debtor is guilty of fraud, negligence, or delay, or


contravention of the tenor of the obligation.

Ex. Jason obliged to deliver the dog to Claire on September 15. Jason did not
deliver the dog on the said date. If on September 16, the dog died because it was hit by
the lightning, Jason is not liable if no demand was made by Claire.

But if the dog died after a demand made by Claire, Jason is liable for the
damages because he is guilty of delay. Jason is obliged to pay damages to Claire.

If the dog died in any event without any demand made by Claire, Jason would
still be liable. A debtor in default becomes liable even for loss due to a fortuitous event.

a.2 Article 1165 – the debtor has promised to deliver the same specific thing to
two or more persons who do not have the same interest.
Ex. If Jason sold and promised to deliver the same car to Claire and Anne
separately, Jason is liable even for a fortuitous event. it is impossible for Jason to
comply with his obligation to Claire and Anne even without any fortuitous event.

a.3 Article 1268 – the obligation to deliver a specific thing arises from a crime.

Ex. Jason stole the phone of Claire. Jason has an obligation to return the phone
to Claire even if the phone lost or got broken due to a fortuitous event. Jason is liable
for the damages unless Claire is in mora accipiendi.

a.4 Article 1263 – the thing to be delivered is generic.

Ex. If Jason loss a generic thing like money, he can still comply to his obligation
by delivering another amount of money.

b. WHEN DECLARED BY STIPULATION OF THE PARTIES – basis for this


exception rests upon the freedom of contract.

Ex. If there is a provision in a contract that even if it is the fortuitous event that
cause the loss of a thing, the debtor would still be liable.

c. WHEN THE NATURE OF THE OBLIGATION REQUIRES ASSUMPTION OF


RISK – risk of loss or damage is an essential element in the obligation.

Ex. Claire insured her hardware business against fire for P250,000 with an
insurance company. When the hardware was been destroyed accidentally by a fire,
Claire recovered the amount of policy from the insurance company.

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