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Chapter 4 (Section 2) Study Guide I

This document provides a study guide that defines legal terms and discusses cases related to obligations and liability. It discusses when a person may be released from an obligation due to impossibility or difficulty of performance. It also addresses when loss of a specific thing does not exempt an obligor from liability and whether partial loss can extinguish an obligation. Three problems are presented related to loss of an object without fault, loss before delay, and loss through fault of a third party.

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Leinard Agcaoili
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2K views2 pages

Chapter 4 (Section 2) Study Guide I

This document provides a study guide that defines legal terms and discusses cases related to obligations and liability. It discusses when a person may be released from an obligation due to impossibility or difficulty of performance. It also addresses when loss of a specific thing does not exempt an obligor from liability and whether partial loss can extinguish an obligation. Three problems are presented related to loss of an object without fault, loss before delay, and loss through fault of a third party.

Uploaded by

Leinard Agcaoili
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Chapter 4 (Section 2)

STUDY GUIDE

I. Definition
Define or give the meaning of the following:
1. Legal impossibility
- Legal impossibility is a traditional common law defense to a charge of an
attempted crime. Legal impossibility arises when the act, if completed, would
not be a crime. A person believes she is committing a crime, but the act is, in
fact, lawful.
2. Loss of thing
- Occurs when the object perishes, or goes out of commerce, or disappears in
such a way that its existence is unknown, or it cannot be recovered.
3. Difficulty of performance
- Performance has become so difficult as to be manifestly beyond the
contemplation of both parties.
II. Discussions
1. Give two cases when a person may be released from an obligation validly entered
into.
- According to Article 1266, a person may be released from an obligation if the
prestation becomes legally or illegally impossible without the fault of the
obligor. Another case is when (According to Art. 1267) the service has
become so difficult, as to be manifestly beyond the contemplation of both
parties, the obligor may be released in whole or part.
2. Give the cases when loss of the specific thing to be delivered will not exempt the
obligor from liability even in the absence of fault or delay.
- According to Article 1262, the obligor will not be exempt from liability if it is
stated by law or stipulation. This also applies when the nature of the
obligation requires the assumption of risk.
3. Will partial loss of the specific thing to be delivered extinguish the obligation?
Explain.
- According to Article 1264, the courts will determine if the partial loss of the
object of the obligation is so important as to extinguish the obligation.
III. Problems
Explain or state briefly the rule or reason for your answer.
1. X obliged himself to deliver to Y a specific carabao to Y on July 31. The carabao
died on July 25. Y has no proof that X was negligent. Is X liable to Y?
- Yes, according to Art. 1265, if the object is lost in the possession of the
debtor, it shall be presumed that the loss was due to his fault, unless there is
proof to the contrary. Thus, X is still liable to Y unless he proves the contrary.
2. X obliges himself to deliver a specific thing to Y on a certain date. The thing was
lost by X without his fault and before he has incurred in delay. Does it mean that
X is already exempt from liability?
- Yes. According to Art. 1262, the obligation which consists in the delivery of a
specific thing shall be extinguished if it should be lost without the fault of the
debtor and before he has incurred in delay. Since the thing was lost without
X’s fault and he is not yet in delay, then he is already exempt from his
liability.
3. Suppose in the preceding problem, the thing was lost through the fault of Z, a
third person. State the effect of the loss as far as X, Y, and Z are concerned.
- According to Article 1269, the creditor shall have the rights of action which
the debtor may have against the third persons by reason of the loss. Thus, the
obligation of X is extinguished and he is no longer liable to Y. However, Y
has the right to bring an action against Z to recover the price of the thing with
damages.

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