Practice question
An original agreement requires delivery of a particular generator. A later valid agreement states only that the same generator must be delivered with an additional inspection report; all original delivery duties remain enforceable. The debtor argues that the report requirement implicitly erased the generator duty. Which answer is correct?
- Every added duty necessarily extinguishes the original duty.
- The creditor loses the generator claim because two papers exist.
- The debtor can unilaterally choose whichever paper is more favorable.
- The duties can coexist; the added compatible requirement does not establish implied extinctive novation.
- The later duty is a criminal penalty.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1291–1292 and 1296–1299.
- https://lawphil.net/judjuris/juri2024/aug2024/gr_217368_2024.html — Ruby Shelter Builders and Realty Development Corporation v Tan, GR 217368, August 5 2024, main opinion: extinctive novation is not presumed.
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