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Assessment No.
Definition of terms:
Law Juridical Necessity
Cause of Action Damage
Liability Civil Action
Criminal Action Quasi-Contract
Negligence Fortuitous Event
Discussion:
Distinguish obligation from right and wrong
- Right is the power which a person has, under the law, to demand from anther any
prestation. 3. Wrong, also called Injury, is an act of omission of one party in violation of
the legal right or rights of another.
Enumerate and define the sources of obligation
- 1. Law - when they are imposed by law itself.

2. Contracts - when they arise from the stipulation of the parties.
3. Quasi-contracts - when they arise from lawful, voluntary and unilateral acts that no
one shall be unjustly enriched or benefitted at the expense of another.
4. Crimes or acts or omissions punished by law - when they arise from civil liability which
is a consequence of a criminal offense.
5. Quasi-delicts or torts - when they arise from damaged caused to another through an
act or omission.
Enumerate the requisites of a fortuitous event.

-A fortuitous event is any extraordinary event which cannot be foreseen, or which,
though foreseen, is inevitable. In other words, it is an event which is either impossible to
foresee or impossible to avoid. The essence of a fortuitous event consists of being a
happening independent of the will of the obligor and which happening, makes the normal
fulfillment of the obligation impossible.
Enumerate the factors to be considered in case of negligence

-Negligence is the failure of a person to observe for the protection of the interest of
another that degree of care, precaution and vigilance which the circumstances justly
demand, and which causes injury to the other person.
Enumerate and define the different kinds of negligence
-Negligence as a source of obligation, which is also referred to as culpa aquiliana

. 2. Negligence in the performance of a contract or culpa contractual.
1. Ana obliged herself to deliver to Bona 100 cavans of palay to be harvested in her
farm in Batangas on January 27, 2020. However, Bona failed to deliver the 10 cavan
of rice due to the eruption of Taal Volcano. Is Ana liable for damages? Explain your
answer.
- No Because of having an unexpected happened due to the
eruption of Taal volcano. And this is not her fault to deliver the 10
left canvas of rice due to the eruption of taal volcano. So, she is
not liable for damages
2. Oscar purchased from Ross his BMW motorcycle with plate no. ROSS14344. Ross
promised Oscar that he will deliver the motorcycle one week after the signing of the
Deed of Sale which was on January 16, 2020. On January 14, 2020, Ross’s garage
where the said motorcycle was kept was destroyed by fire of unknown cause. Is
Ross liable for damages? Explain your answer.
- No because the deed of sale has not been signed yet so the
motorcycle still belongs to him even if it is damaged due to an
unexpected fire. because based on the situation one week after
the signing of the deed of sale on January 16 2020 then he will
just take it to Oscar but there was an unexpected incident
Ross's garage where the said motorcycle was kept was
destroyed by fire of unknown cause On January 14 , 2020
- so he is not liable for damages because he still own the
motorcycle.
Prepare a digest of the following cases:
PEOPLE OF THE PHILIPPINES vs. GERRY LIPATA y ORTIZA, G.R. No. 200302, April
20, 2016[1]
ROMULO ABROGAR and ERLINDA ABROGAR, vs. COSMOS BOTTLING COMPANY
and INTERGAMES, INC., G.R. No. 164749, March 15, 2017 [2]
law is a rule of conduct developed by the government or society over a
certain territory.
A cause of action, in law, is a set of facts sufficient to justify suing to obtain

money, property, or the enforcement of a legal right against another party.
A liability is something a person or company owes, usually a sum of

money. Liabilities are settled over time through the transfer of economic
benefits including money, goods, or services.
Criminal action is an action instituted by the government to punish offenses

against the public.
Negligence is a failure to take reasonable care to avoid causing injury or

loss to another person.
Juridical Necessity They are the ones who have the right or the power to
make decisions
In law, “damages” refers to the sum of money or other payments required to

restore justice and make things right or whole again when a harm has been
done.
Civil action definition is - a lawsuit about a person's rights.
A quasi contract is a retroactive arrangement between two parties who have

no previous obligations to one another.
Fortuitous event means an event happening by chance or accident. It is an
occurrence or failure to occur which is, or is assumed by the parties to be
adversely affected by the happening of such event.
Assessment 2
Conditional Obligation - one whose effectivity is subordinated to the fulfillment

or non-fulfillment of a future and uncertain act or event.
A suspensive condition is a condition which suspends rights and

obligations
Potestative Condition Definition: A condition made in a contract the fulfillment

of which is entirely in the control of one of the parties to the contract.
A positive condition requires that the event contemplated shall happen
Physical loss is something that you loss that may lead to your personal
fault
1
Or anything that you loss
Obligation with a period An obligation with a period wherein its performance

is subject to a term or period
A resolutory condition in the civil law is one which has for its object, when
accomplished, the revocation of the principal obligation. This condition
does not suspend either the existence or the execution of the obligation, it
merely obliges the creditor to return what he has received.
A casual condition is one which depends altogether upon chance, and not in
the power of the creditor.
A negative condition requires that the event contemplated shall not

happen.
a loss is the ascertained liability of the insurer, a decrease in value of resou
rces, or an increase in liabilities. ///// Legal loss. — when a thing goes out
of commerce
Civil loss. — when a thing disappears in such a way that its existence is
unknown

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Assessment No.

Law Juridical Necessity

Cause of Action Damage

Liability Civil Action

Criminal Action Quasi-Contract

Negligence Fortuitous Event

Distinguish obligation from right and wrong

Enumerate and define the sources of obligation

- 1. Law - when they are imposed by law itself.

Enumerate the requisites of a fortuitous event.

Enumerate the factors to be considered in case of negligence

Enumerate and define the different kinds of negligence

-Negligence as a source of obligation, which is also referred to as culpa aquiliana

A cause of action, in law, is a set of facts sufficient to justify suing to obtain

A liability is something a person or company owes, usually a sum of

Criminal action is an action instituted by the government to punish offenses

Negligence is a failure to take reasonable care to avoid causing injury or

In law, “damages” refers to the sum of money or other payments required to

Civil action definition is - a lawsuit about a person's rights.

A quasi contract is a retroactive arrangement between two parties who have

Conditional Obligation - one whose effectivity is subordinated to the fulfillment

A suspensive condition is a condition which suspends rights and

Potestative Condition Definition: A condition made in a contract the fulfillment

A positive condition requires that the event contemplated shall happen

Obligation with a period An obligation with a period wherein its performance

A negative condition requires that the event contemplated shall not

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