Philippine Bar review · Question

Practice question: Definition

Multiple Choice Hard Jurisprudence

Practice question

A volunteer deliberately performs a service purely as a gift with no expectation of reimbursement. The recipient accepts the intended gratuitous benefit. The volunteer later argues that every benefit at another’s expense is necessarily unjust and automatically creates a debt. Which analysis is sound?
  1. Every gratuitous act necessarily creates a payable debt
  2. No unilateral act can ever create a duty
  3. The legal basis and gratuitous intention must be examined; benefit alone does not establish unjust enrichment or every quasi-contract requirement
  4. All accepted gifts are crimes
  5. The recipient automatically owes any price later selected

Legal references

  • Civil Code, Articles 2142-2143: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

Answer this question in flashcards to review your response and continue practicing.