John Lester TUGNA Exercise I

John Lester C.
Tugna
BSA -1
I. Definitions
1. Generic or Indeterminate thing; the opposite of determinate or specific thing.

Generic or indeterminate thing refers to a class or genus and cannot be
determined with. particularity. It means a thing can't be specifically determined
from things of the identical. Class.
2. Personal Right; the rights that a person has over their own body. In the
Merriam-Webster Dictionary, Personal Rights are defined as "rights appertaining
to the person". Among personal rights are associated rights to protect and
safeguard the body, most obviously protected by the torts of assault and battery.
3. Legal delay or default; the failure to perform an obligation on time which

constitutes a breach of the obligation.
4. Fortuitous event; an event of natural or human origin that could not have been
reasonably foreseen or expected and is out of the control of the persons
concerned (as parties to a contract)
5. Diligence of a good father of a family; ordinary care. Just like a father of a

family, it is a care that an average person would do in taking care of his property.
II. Discussions
1. Give the rules as to the liability of the person for loss or damage resulting
from a fortuitous event.
● A person is not responsible for loss or damage caused to another
resulting from the non-performance of his obligation due to a fortuitous
event except the following conditions: When the nature of the obligation
requires the assumption of risk.
2. What rights are given by law to the creditor in case the debtor fails to
comply with his obligation to deliver a specific thing?
● If the debtor fails to comply, the creditor has the right to have the
obligation performed by himself, or by another, (unless personal
considerations are involved) at the debtor's expense and to recover
damages.
3. What are included to be delivered in an obligation to give a definite thing?
Explain them.
● In Article 1166, when delivering a definite thing, all accessions and
accessories are also delivered, even if they are not mentioned.
Accessions are the fruits of a thing or additions to or improvements upon
a thing (the principal). While the accessories are things joined to or
included with the principal thing for the latter’s embellishment,better use,
or completion
4. Suppose the obligation of the debtor is to do something and he fails

to do it outperforms it in contravention of the agreement, what are the
remedies available to the creditor?
● According to Article 1167, the remedies available to creditor if the debtor
fails to comply with his obligation to do, the creditor has the right (a) to
have the obligation performed by himself, or by another, unless personal
considerations are involved, at the debtor’s expense and (b) to recover
damages. However, in case the obligation is done in contravention of the
terms of the same or is poorly done, it may be ordered(by the court upon
complaint) that it be undone if it is still possible to undo what was done.
5. Can a debtor be put in delay and consequently incur liability even without
demand from the creditor? Explain
● No. If the creditor does not demand, then it is presumed that he is giving
the debtor an extension of time and the latter is not liable for damages.
6. May an action arising from fraud be waived? Explain.

● Responsibility arising from fraud is demandable in all obligations. Any
waiver of an action for future fraud is void. Article 1172. Responsibility
arising from negligence in the performance of every kind of obligation is
also demandable, but such liability may be regulated by the courts,
according to the circumstances.
7. May an action arising from negligence be waived? Explain

● Under the Civil Code, responsibility arising from negligence in the
performance of every kind of obligation is also demandable, but such
liability may be regulated by the courts, according to the circumstances. In
other words, liability may be regulated by the court in case there is a valid
waiver

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John Lester C.

1. Generic or Indeterminate thing; the opposite of determinate or specific thing.

3. Legal delay or default; the failure to perform an obligation on time which

5. Diligence of a good father of a family; ordinary care. Just like a father of a

4. Suppose the obligation of the debtor is to do something and he fails

6. May an action arising from fraud be waived? Explain.

7. May an action arising from negligence be waived? Explain

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