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?
- The law determines the measure rather than that inapplicable stipulation
- The stipulated sum automatically governs every imaginable breach
- The creditor necessarily loses every remedy
- The debtor may choose any amount
- 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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