4 essential requisites of an obligation;
sources of an obligation (law, contract, quasi-contract, delict, quasi-delict);
common carrier and the diligence required (extraordinary diligence) in connection with the sources of an
obligation;
kinds of damages (mental, exemplary, nominal, temperate, actual and liquidated);
scope of civil liability (restitution, reparation for damage caused, indemnification of consenquential
damages); specific/determinate and generic/indeterminate things;
4 kinds of defective contract (rescissible, unenforeceable, voidable, void);
extinguishment of an obligation which are (1) By payment or performance;(2) By the loss of the thing
due;(3) By the condonation or remission ofthe debt;(4) By the confusion or merger of the rights of
creditor and debtor; (5) By compensation;(6) By novation
EASY (1–20)
1. An obligation is a juridical necessity to give, to do, or not to do.
2. Active subject (creditor), passive subject (debtor), object/prestation, vinculum juris (juridical
tie).
3. Examples: taxes, legal obligations such as support.
4. A lawful, voluntary, and unilateral act that creates an obligation (e.g., solutio indebiti).
5. A wrongful act or crime punishable by law (ex: theft, homicide).
6. An act or omission causing damage due to fault or negligence (Art. 2176; tort).
7. Extraordinary diligence.
8. Compensation for actual, proven loss.
9. Damages awarded to vindicate a right violated without substantial loss.
10. Damages awarded when actual loss is proven to exist but cannot be quantified.
11. Damages imposed by way of example or correction for public good.
12. Damages agreed upon in the contract in advance.
13. Restoring the thing unjustly taken.
14. Paying for the value of the damage caused.
15. Compensating for additional losses naturally resulting from the act.
16. A thing particularly designated or physically segregated.
17. A thing indicated only by its kind or genus.
18. A contract with a vitiated consent (e.g., by fraud, mistake, intimidation).
19. Voluntary forgiveness or renunciation of the debt.
20. Changing an old obligation with a new one.
AVERAGE (21–35)
21. Determinate, because it identifies “this particular ring.”
22. Condonation or remission of debt.
23. Quasi-delict (negligence of the common carrier).
24. Solutio indebiti (quasi-contract).
25. Delict (battery/physical injury).
26. Rescissible = valid until rescinded; Voidable = valid until annulled due to vitiated consent.
27. Voidable, because of lack of capacity to consent.
28. Confusion or merger.
29. When two persons are creditor and debtor of each other in their own right and obligations are
due, liquidated, demandable, and of same kind.
30. Void, because illegal cause makes contract void.
31. Actual = real financial loss; Exemplary = for public good/deterrence.
32. When a right is violated but no substantial loss is proved (e.g., breach of contract without
damage).
33. Yes, liable, because genus never perishes (generic obligation).
34. Because they operate a public service and the law imposes extraordinary diligence for
passenger safety.
35. Unenforceable, because of lack of consent.
DIFFICULT (36–50)
36. No liability (fortuitous event extinguishes obligation to delivenr a determinate thing, if debtor is
not in delay).
37. Voidable contract, because of fraud by silence (misrepresentation).
38. Yes, still liable, unless the carrier proves it observed extraordinary diligence; passenger
negligence may mitigate but not erase liability.
39. Civil liability includes restitution, reparation, and indemnification for consequential damages.
40. Novation, because the old obligation was replaced with a new object.
41. Yes, M may recover because payment was made by mistake (solutio indebiti).
42. No, P is not liable because the object is generic and genus does not perish—he must substitute
another brand of same kind/type.
43. Moral damages, because mental anguish was suffered due to wrongful acts of debtor.
44. Voidable or rescissible depending on classification; generally voidable for lack of consent of
spouse (for conjugal property).
45. Yes, he can still annul because a minor cannot be estopped by misrepresentation of age.
46. Proof of economic lesion or damage of at least 25% to one party.
47. Void = produces no legal effect; Unenforceable = cannot be sued upon unless ratified.
48. Quasi-contract (unjust enrichment); it is not a contract because there is no consent.
49. Obligation not extinguished, because genus (a horse) never perishes; debtor must find another
horse.
50. Source = quasi-delict.
Possible damages:
Actual damages (medical expenses)
Moral damages (pain and suffering)
Exemplary damages (gross negligence)
Temperate damages (if loss cannot be fully proven)
Nominal damages (if no substantial loss proven)
Attorney’s fees (if warranted)