Philippine Bar review · Question

Practice question: General Considerations

Multiple Choice Hard Jurisprudence

Practice question

An obligor’s contractual nonperformance is proved fraudulent and in bad faith. The obligor insists that only the narrower good-faith foreseeable-loss rule can ever apply. Which is correct?
  1. Article 2201 separately makes the bad-faith obligor responsible for damages reasonably attributable to nonperformance
  2. Bad faith removes every causal requirement
  3. The same narrow rule applies regardless of the article’s second paragraph
  4. Fraud necessarily earns any amount demanded
  5. Only criminal court can assess any civil consequence

Legal references

  • Civil Code, Article 2201: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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