Philippine Bar review · Question

Practice question: Express and Implied Novation

Multiple Choice Hard

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?
  1. Every added duty necessarily extinguishes the original duty.
  2. The creditor loses the generator claim because two papers exist.
  3. The debtor can unilaterally choose whichever paper is more favorable.
  4. The duties can coexist; the added compatible requirement does not establish implied extinctive novation.
  5. 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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