Philippine Bar review · Question

Practice question: Liquidated Damages

Multiple Choice Hard

Practice question

A contract imposes a penalty for failure to complete a project. The debtor partially performs a substantial identified portion but leaves the rest undone. The creditor seeks the full penalty as untouchable merely because it was agreed. Which rule is relevant?
  1. Article 1229 requires equitable reduction for partial or irregular compliance
  2. Every agreed penalty is immune from the statute
  3. Partial performance automatically erases every consequence
  4. Reduction must always equal exactly fifty percent
  5. A penalty can be changed only by the creditor's permission

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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