Philippine Bar review · Question

Practice question: Liquidated Damages

Multiple Choice Medium

Practice question

A clause fixes liquidated damages only for late delivery. The defendant instead commits a different breach not contemplated by that stipulation. What does Article 2228 provide?
  1. The law determines the measure rather than that inapplicable stipulation
  2. The stipulated sum automatically governs every imaginable breach
  3. The creditor necessarily loses every remedy
  4. The debtor may choose any amount
  5. The contract necessarily becomes criminal

Legal references

  • Civil Code Articles 1228–1229, 2216 and 2226–2228: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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