Legal Obligations and Liability in Transportation and Accidents, Quizzes of Law of Obligations

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Mendoza, Bridgette Nicole V. BSA 1G Quiz Number 1 INSTRUCTION. Explain and answer briefly the following questions

1. S sold to B a specific refrigerator which S agreed to deliver on not later than May 13, 2022. S did not deliver the refrigerator on the said date. a. Is S guilty of legal delay? Art. 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. S is guilty of legal delay. The debtor’s failure to satisfy his or her obligation on time. Mora solvendi is the term for it. b. If S sold to A the refrigerator on May 10, 2021. Can B recover the refrigerator from A? No. B is not allowed or can’t take back the refrigerator from A because under article 1164 he shall acquire no real right over it until the same has been delivered to him. c. What legal remedy can B file against S? against B? If S fails to deliver the refrigerator, B can demand the delivery to the said refrigerator unless if that refrigerator is in possession of a third person and second he can ask for damages.
2. Despite warning from the police that an attempt to hijack a PAL Plane will be made in the following week , the airline did not take extra precautions, such as frisking of passengers, for fear of being accused of violating human rights. Two days later, an armed hijacker did attempt to hijack a PAL flight to Cebu. Although he was subdued by the other passengers, he managed to fire a shot which hit and killed a female passenger. The victim’s parents sued the airline for breach of contract, and the airline raised the defense of force majeure. Is the airline liable or not? The airline is liable. .Common carriers are presumed to have been at fault or to have acted negligently in the death of a passenger. The failure of the airlines to take extra precautions despite police warning that an attempt to hijack the plane would be made, was negligence on the part of the airline.
3. On one occasion, Bea contracted Gerald to transport, for a fee, 100 sacks of rice from Manila to Tarlac. However, Gerald failed to deliver the cargo because its truck was hijacked when the driver stopped in Bulacan to visit his girlfriend, Julia. a. May Bea hold Gerald liable? Gerald operates only two trucks for hire on a selective basis, caters only to a few customers, does not make regular or scheduled trips, and does not have a certificate of public convenience. Bea may hold Grerald liable as a common carrier.

b. May Gerald set up the defense of hijacking as a defense to defeat Bea’s claim? It could be or not because Gerald the driver stopped in Bulacan to visit his girlfriend Julia which it is one reason why it causes a delay to deliver the thing.

4. While the car of X was parked by the roadside, it was bumped at the rear by a jeep belonging to Y. Only the car of X suffered damage. Under the circumstances, does it follow that Y is liable to X for damages? It was unclear whether the Jeep bumped X’s Vehicle on purpose or not. Regardless matter whether the Jeep driver did it purposefully or inadvertently, Y, the jeep’s owner, it's nevertheless accountable for the losses produced by the incident. Both articles 1161 and 1162, which include both crime and quasi- delicts, plainly indicate this. Are utilized this article to support of my claim.
5. In the same problem, has X the right to ask for indemnity from R ,the employer of X, on the ground that when the accident occurred X was then on his way to transact business with a client of R? X doesn’t have a right to ask for indemnity from art because there is no law that required this.