CREDIT

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What are the basic rules in commodatum?

What are the kinds of commodatum? What is precarium?
Distinguish mutuum and commodatum from barter.
Is the bailee entitled to refund of extraordinary expenses for the preservation of the thing loaned? If so, under what
circumstances?
A and B entered into a contract of loan without providing that it shall earn interest. When the obligation became due and
demandable, can A, the creditor, demand the payment of interest? Why?
State the effect if a loan is usurious. Explain.
A and B entered into a contract of loan with interest at 5.5% per month. Is the stipulation to pay such rate of interest valid?
Explain.
Distinguish between depositum and commodatum.
Distinguish extrajudicial deposit from judicial deposit.
X, a 14-year-old boy, delivered an object to Z, a 50-year old man, for safekeeping. Who can demand the return of the thing?
Money and pieces of jewelry were placed by the hotel guest inside a safety deposit box rented by him. There was a loss of
substantial amount of money. The evidence showed that employees of the hotel assisted a certain Tan in opening the safety
deposit box of the guest as there was a key in her possession which the guest was asleep. Is the hotel keeper liable for
damages? Why?
May a suretyship agreement be valid to secure future obligations? Explain.
May the guarantor bind himself for more than the principal debtor? State the rules.
Are there any distinctions between guaranty and surety?
May the creditors go against the guarantor directly in case the debtor would fail to pay his obligation? Why?
What is a contract of antichresis?
What are the basic requirements of a contract of antichresis?
Distinguish between a contract of antichresis and a real mortgage.
Distinguish between chattel mortgage and pledge.
May an antichretic creditor acquire the property by prescription? Why?

TORTS
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What are the requisites before a person may be liable under quasi-delicts?
May a person be liable for damages based on a quasi-delict if there is a contract? Explain.
State the requirements and the concept of the principles of res ipsa loquitur.
What is the principle of damnum absque injuria?
X was bumped by Y, a driver, on January 1, 1970. A criminal action was filed. In the meantime, Y was convicted, but he
appealed from the judgment. On January 1, 1980, X, through counsel, filed a complaint based on quasi-delict. Will the action
prosper? Why?
6. Wendell Libi and Julie Ann Gotiong, both minors, were going steady for quite sometime until the latter discovered that the
former was a sadist, hence, she broke up the relationship. Wendell wanted a reconciliation, but Julie refused, prompting
Wendell to threaten her. One day, he visited Julie. He shot the girl on that visit, and later on, killed himself with the same gun. A
suit between the parents of the two (2) ensued. What is the nature of the liability of the parents of Wendell? Why?
7. A highschool student of FEU High School killed another student during Physical Education class. Sued for damages, the
teacher interposed the defense that he is not liable for the act of his student because the school is not a technical school or a
school of arts and trades and that he has exercised the diligence of a good father of a family to prevent the damages. Are the
defenses proper? Why?
8. Is there any distinction between the liability of an employer in quasi-delicts from crimes? Explain.
9. What is the standard of care that is required of a bank in taking care of the depositors accounts? Explain.
10. If there is vicarious liability of parents for the acts or omissions of their minor children, there is also vicarious liability of
employers for the acts or omissions of their employees. Explain the rationale behind the rule.
11. What is the effect if the employer cannot rebut the presumption of negligence in the selection and supervision of his
employees?
12. What are the kind of damages?
13. May the parents of an unborn foetus recover actual damages in case of an accident where the mother had a miscarriage?
Why?
14. Why in rape cases moral damages are automatically granted? Explain. Is the rule absolute?
15. X purchased a first-class ticket from PAL. Despite such confirmed first-class ticket, he was forced to board or travel by the
economy class. When he inquired why he had to travel thru the economy class, the employees of PAL told him that they gave
the seat to a congressman. He sued PAL for damages. Will the action prosper? Why?
16. When may temperate or moderate damages be recovered? Explain.
17. May temperate damages be awarded along with nominal damages? Explain.
18. What is the purpose of liquidated damages?
19. State the purpose of exemplary damages.
20. May a bank be liable for exemplary damages in case of an unauthorized withdrawal from the account of a client? Explain.