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Quiz 9

The document defines various legal terms related to obligations and contracts including obligation, quasi-contract, solutio indebiti, negotiorum gestio, and breach of contract. It also answers questions about compliance in good faith, why obligations under the Civil Code are a juridical necessity, the requisites to acquire a right of action in court, and whether liability can be incurred without a contract.

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65 views2 pages

Quiz 9

The document defines various legal terms related to obligations and contracts including obligation, quasi-contract, solutio indebiti, negotiorum gestio, and breach of contract. It also answers questions about compliance in good faith, why obligations under the Civil Code are a juridical necessity, the requisites to acquire a right of action in court, and whether liability can be incurred without a contract.

Uploaded by

jobzkie3402
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 PDF, TXT or read online on Scribd
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JOEBERT B.

GREGORIO BSCE – 4A

QUIZ #9

1. Define the following:

a. Obligation

- The word obligation is derived from the Latin word “obligatio” which means a “tying”
or “binding.”
- It is a tie of law or a juridical bond by virtue of which one is bound in favor of another
to render something — and this may consist in giving a thing, doing a certain act, or
not doing a certain act.
- Manresa defines the term as a legal relation established between one party and
another, whereby the latter is bound to the fulfillment of a prestation which the former
may demand of him.
- Article 1156 gives the Civil Code definition of obligation, in its passive aspect. Our
law merely stresses the duty of the debtor or obligor (he who has the duty of giving,
doing, or not doing) when it speaks of obligation as a juridical necessity.

b. Quasi-contract

- A quasi-contract is that juridical relation resulting from certain lawful, voluntary


and unilateral acts by virtue of which the parties become bound to each other to the
end that no one will be unjustly enriched or benefited at the expense of another.

c. Solutio indebiti

- is the juridical relation which is created when something is received when there is
no right to demand it and it was unduly delivered through mistake.

- Solutio indebiti applies where: (a) payment is made when there exists no binding
relation between the payor, who has no duty to pay, and the person who received
the payment; and (b) the payment is made through mistake and not through
liberality or some other cause.

d. negotiorum gestio

- Negotiorum gestio is the voluntary management of the property or affairs of another


without the knowledge or consent of the latter.

e. breach of contract

- Breach of contract is the failure without justifiable excuse to comply with the terms
of a contract. The breach may be willful or done unintentionally. It has been defined as
the failure, without legal excuse, to perform any promise which forms the whole or part
of the contract
2. What is meant by compliance in a good faith?

- It basically means compliance or performance in accordance with the stipulations


or terms of the contract or agreement. Good faith and fair dealing must be observed
to prevent one party from taking unfair advantage over the other. Evasion by a party
of legitimate obligations after receiving the benefits under the contract would
constitute unjust enrichment on his part.

- In other words, compliance in good faith means fulfilling the terms of a contract
fairly. Both parties must act honestly and fairly to prevent one from unfairly
benefiting at the other's expense. If one party tries to dodge their responsibilities
after gaining benefits from the contract, it's seen as unfair enrichment.

3. Why are obligations under the Civil Code a juridical necessity?

- It is because the two parties had established legal duties and responsibilities in each
other. Wherein if there is a non-compliance, the courts of justice may help or may
be called upon to ensure or implement the fulfillment of the agreement. This only
shows that these obligations are legally binding and enforceable. Failure to comply
with these obligations can result in legal consequences, such as breach of contract
or liability for damages. Therefore, the term emphasizes the mandatory nature of
obligations under the law.

4. What are the requisites in order that a person may acquire a right of action in court
against another to enforce the performance of the latter's obligation?

- a legal right in favor of a person (creditor).


- a correlative legal obligation on the part of another (debtor); to respect or not to
violate said right; and
- an act or omission by the latter in violation of said right with resulting injury to the
former.

5. May a person incur liability even without entering into contract? Explain

- Yes. It is definitely possible that one can become liable even in the absence of a
contract. Legal principles do not limit liability to those found in contracts. For
example, torts and quasi-contracts, wherein in quasi-contracts, there is no actual
contract between the two parties but are legal remedies imposed by the law.

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