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    Course Hero 2

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    davis lizarda
    This document contains 10 true/false statements about legal concepts like negligence, diligence, and fortuitous events. It provides the answer and explanation for each statement. Some key points: - Statement 1 is false and is rectified to say diligence is the opposite of negligence. - Statement 2 is true as negligence must be determined in a trial. - Statement 3 is true and restates what is required by Article 1173 if diligence is not specified. - Statement 8 is true and restates the general rule that the obligor is liable despite fortuitous events, with one exception.

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    Course Hero 2

    Uploaded by

    davis lizarda
    17 views2 pages
    This document contains 10 true/false statements about legal concepts like negligence, diligence, and fortuitous events. It provides the answer and explanation for each statement. Some key points: - Statement 1 is false and is rectified to say diligence is the opposite of negligence. - Statement 2 is true as negligence must be determined in a trial. - Statement 3 is true and restates what is required by Article 1173 if diligence is not specified. - Statement 8 is true and restates the general rule that the obligor is liable despite fortuitous events, with one exception.

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    This document contains 10 true/false statements about legal concepts like negligence, diligence, and fortuitous events. It provides the answer and explanation for each statement. Some key points: - Statement 1 is false and is rectified to say diligence is the opposite of negligence. - Statement 2 is true as negligence must be determined in a trial. - Statement 3 is true and restates what is required by Article 1173 if diligence is not specified. - Statement 8 is true and restates the general rule that the obligor is liable despite fortuitous events, with one exception.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    17 views2 pages

    Course Hero 2

    Uploaded by

    davis lizarda
    This document contains 10 true/false statements about legal concepts like negligence, diligence, and fortuitous events. It provides the answer and explanation for each statement. Some key points: - Statement 1 is false and is rectified to say diligence is the opposite of negligence. - Statement 2 is true as negligence must be determined in a trial. - Statement 3 is true and restates what is required by Article 1173 if diligence is not specified. - Statement 8 is true and restates the general rule that the obligor is liable despite fortuitous events, with one exception.

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    True or False. If your answer is true, explain why it is true.

    If your answer is false, rectify or


    restate the false statement to make it true.

    1) Negligence is defined as the attention and care required of a person in a given situation and
    is the opposite of diligence.
    Answer: False
    Diligence is defined as the attention and care required of a person in a given situation and is the
    opposite of negligence.

    2) Negligence is a question of law.


    Answer: True
    For negligence to be verified as true, a trial needs to happen to confirm facts and lies.

    3) If the law or contract does not state the diligence which is to be observed in the performance
    of an obligation, ordinary or extraordinary diligence shall be observed.
    Answer: True
    Article 1173 states that if the law or contract does not state the diligence which is to be observed in
    the performance, that which is expected of a good father of a family shall be required.

    4) In all cases, if the obligor failed to perform his obligation by reason of a fortuitous event, the
    said debtor is exempted from any liability.
    Answer: False
    In some cases, if the obligor failed to perform his obligation by reason of a fortuitous event, the
    said debtor is exempted from any liability.

    5) Force majeure is an event which is absolutely independent of human intervention. It is also


    called an act of God.
    Answer: True
    Force majeure is just another word for fortuitous event.

    6) Earthquake is an ordinary fortuitous event.


    Answer: True
    Earthquake is a natural occurrence such as floods, typhoons, or storms

    7) It is not incumbent for the party charged with responsibility to prove the force majeure.
    Answer: False
    It is incumbent for the party charged with responsibility to prove the force majeure.

    8) As a general rule, an obligor is liable despite the occurrence of a fortuitous event. One of the
    exceptions to this rule is when the obligor is in delay.
    Answer: True
    The obligor need to shoulder every obligation even in the occurrences of a fortuitous events.
    9) Mechanical defects in common carriers are not fortuitous events.
    Answer: True
    Mechanical defects are not fortuitous events because it is not unavoidable.

    10) Defective breaks [of a vehicle] do not constitute fortuitous events.


    Answer: True
    Defective breaks are not unavoidable.

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