Philippine Bar review · Topic

Loss of the Thing Due

Explore Loss of the Thing Due in Extinguishment for the Philippine Bar. Browse subtopics and published practice questions, then take a quiz or answer…

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Practice questions

  1. When does loss of a determinate thing ordinarily extinguish the delivery obligation under the first paragraph of Articl…
  2. What is the effect of losing some goods of the same kind where the obligation is to deliver a generic thing?
  3. Who determines whether a partial loss is sufficiently important to extinguish the obligation under Article 1264?
  4. A debtor promises delivery of one specific machine and expressly assumes liability for fortuitous loss. The machine is …
  5. A flood destroys a thing while in the debtor’s possession. Does Article 1265 automatically presume debtor fault solely …
  6. A debtor is already legally in delay over delivery of a particular sculpture. It is then destroyed by a fortuitous even…
  7. A delivery obligation is extinguished by qualifying loss of a determinate item. The loss also gives the debtor an actio…
  8. Explain the ordinary extinction rule for a lost determinate thing and its risk-allocation exceptions.
  9. Distinguish loss of a determinate thing, loss affecting generic goods and partial loss.
  10. Explain the possession-based presumption of fault and the natural-calamity exception.
  11. Under Article 1266, what supervening event may release a debtor from an obligation to do when the debtor is without fau…
  12. Does Article 1267 permit release in part as well as in whole when its strict requirements are met?