University of Nueva Caceres
School of Law
Obligation and Contracts
Midterm Examinations
I.
A. If the object of the obligation to give is lost or destroyed through a fortuitous event, can
the debtor or obligor still be held liable for damages?
B. What are the different acts or omissions of the obligor or debtor which will result in the
breach of the obligation for which he can be held liable for damages?
II.
Pedro Santos constructed a windmill system for Maria Reyes for P600,000 with one-year
guaranty. Maria made a down payment of P300,000 and an installment payment of P150,000,
leaving a balance of P150,000. She refused to pay the balance because the windmill system
collapsed after a strong wind hit the place. Is Pedro exempt from liability due to fortuitous
event?
III.
Distinguish fraud in the performance of a pre-existing obligation from fraud in the perfection of
the contract (dolo causante and dolo incidente)
IV.
Sam and Catriona were very good friends. Catriona borrowed P100,000 from Sam because of
their close relationship. The promissory note executed by Catriona provided that she would
pay the loan “whenever her means permit.” Subsequently, San and Catriona quarreled. Sam
now asks you to collect the loan because he is in dire need of money.
What legal action, if any, would you take in behalf of Sam?
V.
A, B and C executed a promissory note binding themselves to pay P90,000 to X, Y and Z. The
note is now due and demandable.
