John Lester TUGNA Exercise I
John Lester TUGNA Exercise I
John Lester TUGNA Exercise I
Tugna
BSA -1
I. Definitions
2. Personal Right; the rights that a person has over their own body. In the
Merriam-Webster Dictionary, Personal Rights are defined as "rights appertaining
to the person". Among personal rights are associated rights to protect and
safeguard the body, most obviously protected by the torts of assault and battery.
4. Fortuitous event; an event of natural or human origin that could not have been
reasonably foreseen or expected and is out of the control of the persons
concerned (as parties to a contract)
II. Discussions
1. Give the rules as to the liability of the person for loss or damage resulting
from a fortuitous event.
● A person is not responsible for loss or damage caused to another
resulting from the non-performance of his obligation due to a fortuitous
event except the following conditions: When the nature of the obligation
requires the assumption of risk.
2. What rights are given by law to the creditor in case the debtor fails to
comply with his obligation to deliver a specific thing?
● If the debtor fails to comply, the creditor has the right to have the
obligation performed by himself, or by another, (unless personal
considerations are involved) at the debtor's expense and to recover
damages.
3. What are included to be delivered in an obligation to give a definite thing?
Explain them.
● In Article 1166, when delivering a definite thing, all accessions and
accessories are also delivered, even if they are not mentioned.
Accessions are the fruits of a thing or additions to or improvements upon
a thing (the principal). While the accessories are things joined to or
included with the principal thing for the latter’s embellishment,better use,
or completion
5. Can a debtor be put in delay and consequently incur liability even without
demand from the creditor? Explain
● No. If the creditor does not demand, then it is presumed that he is giving
the debtor an extension of time and the latter is not liable for damages.