OM
問題一覧
1
Demand is not necessary to incur in delay when
Time is the controlling motive
2
When the thing deteriorates with the debtor’s fault, the creditor may choose one of the following
rescission
3
A contract is in the stage of perfection when
The parties come to an agreement
4
Legal Delay
default
5
Delay on the part of the creditor
Mora accipiende
6
The following are grounds for damages except
Accident
7
Products of the soil through cultivation or intervention of human labor
Industrial Fruits
8
A constructive delivery by mere consent or by pointing out the object
Traditio longa manu
9
I. Accessions are those which have for their object the embellishment, use or preservation of another thing which is more important.
II. Accessories always go with the principal thing.
False, True
10
I. Ordinary Delay is the failure to perform an obligation on time which constitutes a breach of obligation.
II. Legal Delay is the failure to perform an obligation on time.
False, True
11
I. Rights acquired by virtue of an obligation is transmissible and can be alienated or assigned to third persons.
II. The parties cannot stipulate as to the transmissibility of rights acquired by reason of obligation.
True, False
12
Creditor has the right to impugn or attack the acts of the debtor to defraud him by RESCINDING the contracts entered by the debtor to defeat the creditors rights.
Accion Pauliana
13
False representation of a matter of fact/whether by words or conduct/by false or misleading allegations/or by concealment of that which has been disclosed/. which deceives and intends to deceive another so that he shall act upon it to his legal injury.
fraud
14
The following are kinds of damages, except:
Litigated
15
The fulfillment of an obligation by one party depends upon the fulfillment of the obligation by both parties in simultaneous.
Reciprocal obligations
16
I. Demand by the creditor shall not be necessary to hold the debtor in delay when time is of the essence of the obligation.
II. To be considered in legal delay or default, there has to be judicial or extra-judicial demand.
True, True
17
The creditor will step into the shoes of the debtor and exercise all the rights and actions of the debtor and proceed against third person against whom the debtor has claims.
Accion subrogatoria
18
That which is independent of any human intervention. Brought about by natural forces.
Act of God
19
Are those which arise from legitimate or illegitimate acts of persons other than the obligor.
Force majeure
20
Which among the following is false?
Waiver for future void is valid
21
Meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
Contract
22
Obligations arising from contract can be enforced between the contracting parties provided such contract is not contrary to
All of the above
23
Juridical relation that arises from certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly enriched at the expense of another.
Quasi-contract
24
Unauthorized management of property or affairs
Negotiorum gestio
25
Act or omission punishable by law
Delict
26
The omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, time, place and manner
Negligence
27
The wrongful act results from imprudence, negligence, lack of foresight, or lack of skill
fault
28
The act is performed with deliberate intent
Deceit
29
Complete the sentence: An obligation is a juridical necessity...
All of the above
30
Which of the following is not a source of obligation?
none of the above
31
Obligee
creditor
32
Vinculum juris
Juridical tie
33
Creditor
Active subject
34
It is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake.
Solutio indebiti
35
It is the conduct required to be observed by the debtor.
Prestation
36
Arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties.
quasi delicts
37
Includes damages caused the injured party and those suffered by his family or third person by reason of the crime.
indemnification
38
The court shall determine the amount of damage, taking into consideration the price of the thing, and its sentimental value to the injured party
reparation
39
It permits allowance for any deterioration or diminution in value of the thing as determined by the court
None of the above
40
X bound himself to build a house for Y for 50 Million Pesos. The active subject is
y
41
It is the juridical relation resulting from lawful, voluntary, and unilateral acts by virtue of which the parties become bound to each other to the end that no one shall be unjustly enriched or benefited at the expense of another.
Quasi Contract
42
Demand is not necessary to incur delay when:
Time is the controlling motive
43
This happened when the creditor make a demand and the obligor fails to deliver the thing.
Mora solvendi
44
Demand is not necessary to incur delay when
Time is the controlling motive
45
The source of obligation which is a rule of conduct, just and obligatory, promulgated by legitimate authorities for common good, benefit and observance
law
46
A supports B, a minor, because B’s father refuses t support B. the father is obliged to reimburse A. the source of obligation is
quasi contract
47
A was employed as professional driver of B transit Bus owned by C. In the course of his work, A hit a concrete post causing serious injury to passenger W and pedestrian Y. the victims sued the driver and the owner of the bus for damages. Which of the following statements is correct?
The conviction of A in a criminal case makes C liable for damages arising from criminal act
48
I. When what is to be delivered is a determinate thing, the creditor may compel the debtor to make the delivery and if the debtor refuses, the creditor may ask that the obligation be complied with at the expense of the debtor
II. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned
False, True
49
Ordinary diligence is
Diligence of a good father of a family
50
The creditor has a right to the fruits of the thing
From the time the obligation to deliver it arises
51
From the time the fruits have been delivered, the creditor shall acquire
real right
52
A wife was about to deliver a child. Her parents brought her to the hospital. Who should pay the expenses for medical attendance?
I. The husband, because it is his duty to support his wife and support includes medical attention
II. The parents, because they were the persons who brought the wife to the hospital
Only the first is correct
53
Spontaneous products of the soil and the offspring and other products of animals
Natural
54
Products of the soil through cultivation or intervention of human labor
industrial
55
Fruits arising out of contracts
civil
56
I. If a person obliged to do something fails to do it, the same shall be executed at his cost
II. Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages
True, True
57
A is oblige to deliver his only car to B on November 20, 2011. If A does not deliver, and on November 22, 2011, a typhoon destroys the car, which is correct?
A is not liable because the obligation is extinguished
58
Debtor’s default in real obligation
Mora solvendi ex- re
59
Debtor’s default in personal obligation
Mora solvendi ex- persona
60
Default on the part of the creditor
Mora accipiendi
61
Default on the part of both parties
compensation morae
62
There shall be no liability for loss due to fortuitous events in which one of the following cases. Which is it?
When the obligation is to deliver a determinate thing and there was a stipulation as to the liability of the debtor in case of loss due to fortuitous events
63
Demand must be made on the due date of the obligation in order for delay to exist in one of the following cases. Which is it?
When the obligation does not indicate whether demand must e made or not on due date
64
Which of the following is not a proper remedy for the creditor?
To compel the debtor to perform the obligation, if the obligation is an obligation to do
65
When the following statements concerning delay is incorrect?
Delay, as a rule, exists, when the debtor does not perform his obligation on the date that it is due
66
S, a supplier of fresh fish from Lucena City hired T, the owner of a trucking company, for a fee of P3 000 to bring the fish of S to the Dampa Market in Paranaque City which ordered the fish for a price of P20 000. In so far as S is concerned, his prestation in his contract with T is
The payment of P3 000
67
Refer to the preceding number. In the contract between S and T
Both S and T are obligors and obligees of each other
68
P took a public bus in going to his office. Although P paid his fare, the bus did not issue him a ticket. Along the way, the bus met an accident causing a slight injury to P and other passengers. If P is to recover damages from the bus owner, the source of the bus owner’s liability is
contract
69
YZ is a cooperative store. On July 1, 2010, it paid the Government of the City of Manila certain taxes believing that it owed the same. After six months, XYZ learned that it was not subject to the said taxes. Accordingly, it sought to recover the said taxes it previously paid. The obligation of the Government of the City of Manila to return the said taxes paid is based on
Solution indebiti
70
What does compliance in good faith mean?
Parties must abide by the terms and conditions of the contract.
71
Which of the following does not characterize negotiorum gestio?
The gestor undertook a risky operation which the owner was not accustomed to embark upon.
72
Which is not an obligation of a gestor in negotiorum gestio?
To pay any load he incurred not in the interest of management.
73
Which of the following is not an element of an obligation quasi-delict?
Pre-existing contractual relation between the parties.
74
Which of the following does not held the creditor liable to payment of damages?
Mutual agreement to contravene tenor
75
When does real right of the creditor over the fruits commence?
From the time the obligation to deliver arises
76
What is an element of delay?
Obligation must not be due, demandable and liquidated.
77
There is no need of demand in case:
The obligation is reciprocal in nature.
78
What is the remedy of the debtor in case of mora accipiendi?
Consign the thing
79
Which of the following is NOT a requisite for the application of the rule on fortuitous events?
Debtor has participated in the aggravation of the injury to the creditor
80
Which of the following is a force majeure?
Wars
81
Which is not an element of an obligation?
Contract
82
The object of an obligation must NOT be:
Indeterminate
83
Mr. Lolong, 80 years old, abandoned by his wealthy son Mr. Sonny, met an accident and was consequently confined in a hospital. Without the knowledge of Mr. Sonny and Mr. Lolong, Mr. Neil, a neighbor, spent for the medical expenses of Mr. Lolong expecting that he would be reimbursed by Mr. Sonny. Can Mr. Neil recover the amount of medical expenses from Mr. Sonny?
Yes, based on quasi-contract
84
A taxi owned and operated by Digong and a passenger jeepney operated by Leni figured in an accident whereby both drivers were found to be negligent. Bongo, a passenger of the taxi suffered injury. Which of the following is correct?
The source of Digong’s obligation is culpa contractual and Leni’s obligation is based on culpa aquiliana;
85
Which of the following is not an obligation of a person obliged to give a determinate thing (specific real obligation):
to deliver a thing which must be neither of superior nor inferior quality;
86
No person shall be responsible for those events which could not foreseen, or which, though foreseen, were inevitable except those:
all of the above;
87
In case of material damage or injury, the liability of a convicted person includes:
all of the above
88
A source of obligation where it is not the act or omission which gives rise to the obligation, but the want of care required from the circumstances:
quasi-delict
89
It is the non-fulfillment of the obligation with respect to time:
all of the above
90
Demand is not necessary in this instance:
all of the above
91
The general standard of diligence required in an obligation to give something:
all of the above.
92
The clothing shop undertook to tailor a special graduation gown for Melo in time for his valedictory address on the 15th May 2009. Since there were occasional brownouts, the shop failed to finish the gown on this date. Will the debtor be liable for delay?
Yes, because time is controlling motive for establishment of the contract
93
In this kind of contractual obligation, e.g. sale, neither party incurs in delay if the other does not or is nor ready to comply with what is incumbent upon him.
Reciprocal
94
I. When what is to be delivered is a determinate thing, the creditor may compel the debtor to make the delivery and if the debtor refuses, the creditor may ask that the obligation be complied with at the expense of the debtor
II. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned
False, true
95
I. If a person obliged to do something fails to do it, the same shall be executed at his cost
II. Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages
True, true
96
XYZ is a cooperative store. On July 1, 2010, it paid the Government of the City of Manila certain taxes believing that it owed the same. After six months, XYZ learned that it was not subject to the said taxes. Accordingly, it sought to recover the said taxes it previously paid. The obligation of the Government of the City of Manila to return the said taxes paid is based on
Solution indebiti
97
F sold his farmland to G in the amount of P3, 000, 000. After one year after the sale, F noticed that bamboo trees were growing on his former farmland. F immediately told G to make an additional payment because the bamboo trees are not included in their contract of sale. Who is the owner of the bamboo trees?
G
98
A agreed to sell his Shih Tzu to B for P 8, 000 . B paid the price. No date of delivery was stipulated. While on A’s possession, the dog gave birth to five puppies. Who owns the puppies?
B
99
E sold his car to D in the amount of P1, 000, 000. While E is on his way to deliver the car to D, he felt the car is shaking. When E realized that there is an earthquake the latter parked the car under an old big balete tree and then ran to an open space. When the earthquake stopped, E went back to the place where he parked the car. To his surprise, the balete tree was already on top of the car and the car was a total wreck. When E informed D about what happened to the car, D immediately asked for a refund. E refused because, according to him, he is not liable because an earthquake is a fortuitous event. Is the contention of E valid?
No, because E is negligent for abandoning the car under the tree knowing that it might fall because of the earthquake
100
In reciprocal obligations, there is delay:
From the time the other party complies with his obligation.
RFBT
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7問 • 2年前問題一覧
1
Demand is not necessary to incur in delay when
Time is the controlling motive
2
When the thing deteriorates with the debtor’s fault, the creditor may choose one of the following
rescission
3
A contract is in the stage of perfection when
The parties come to an agreement
4
Legal Delay
default
5
Delay on the part of the creditor
Mora accipiende
6
The following are grounds for damages except
Accident
7
Products of the soil through cultivation or intervention of human labor
Industrial Fruits
8
A constructive delivery by mere consent or by pointing out the object
Traditio longa manu
9
I. Accessions are those which have for their object the embellishment, use or preservation of another thing which is more important.
II. Accessories always go with the principal thing.
False, True
10
I. Ordinary Delay is the failure to perform an obligation on time which constitutes a breach of obligation.
II. Legal Delay is the failure to perform an obligation on time.
False, True
11
I. Rights acquired by virtue of an obligation is transmissible and can be alienated or assigned to third persons.
II. The parties cannot stipulate as to the transmissibility of rights acquired by reason of obligation.
True, False
12
Creditor has the right to impugn or attack the acts of the debtor to defraud him by RESCINDING the contracts entered by the debtor to defeat the creditors rights.
Accion Pauliana
13
False representation of a matter of fact/whether by words or conduct/by false or misleading allegations/or by concealment of that which has been disclosed/. which deceives and intends to deceive another so that he shall act upon it to his legal injury.
fraud
14
The following are kinds of damages, except:
Litigated
15
The fulfillment of an obligation by one party depends upon the fulfillment of the obligation by both parties in simultaneous.
Reciprocal obligations
16
I. Demand by the creditor shall not be necessary to hold the debtor in delay when time is of the essence of the obligation.
II. To be considered in legal delay or default, there has to be judicial or extra-judicial demand.
True, True
17
The creditor will step into the shoes of the debtor and exercise all the rights and actions of the debtor and proceed against third person against whom the debtor has claims.
Accion subrogatoria
18
That which is independent of any human intervention. Brought about by natural forces.
Act of God
19
Are those which arise from legitimate or illegitimate acts of persons other than the obligor.
Force majeure
20
Which among the following is false?
Waiver for future void is valid
21
Meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
Contract
22
Obligations arising from contract can be enforced between the contracting parties provided such contract is not contrary to
All of the above
23
Juridical relation that arises from certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly enriched at the expense of another.
Quasi-contract
24
Unauthorized management of property or affairs
Negotiorum gestio
25
Act or omission punishable by law
Delict
26
The omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, time, place and manner
Negligence
27
The wrongful act results from imprudence, negligence, lack of foresight, or lack of skill
fault
28
The act is performed with deliberate intent
Deceit
29
Complete the sentence: An obligation is a juridical necessity...
All of the above
30
Which of the following is not a source of obligation?
none of the above
31
Obligee
creditor
32
Vinculum juris
Juridical tie
33
Creditor
Active subject
34
It is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake.
Solutio indebiti
35
It is the conduct required to be observed by the debtor.
Prestation
36
Arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties.
quasi delicts
37
Includes damages caused the injured party and those suffered by his family or third person by reason of the crime.
indemnification
38
The court shall determine the amount of damage, taking into consideration the price of the thing, and its sentimental value to the injured party
reparation
39
It permits allowance for any deterioration or diminution in value of the thing as determined by the court
None of the above
40
X bound himself to build a house for Y for 50 Million Pesos. The active subject is
y
41
It is the juridical relation resulting from lawful, voluntary, and unilateral acts by virtue of which the parties become bound to each other to the end that no one shall be unjustly enriched or benefited at the expense of another.
Quasi Contract
42
Demand is not necessary to incur delay when:
Time is the controlling motive
43
This happened when the creditor make a demand and the obligor fails to deliver the thing.
Mora solvendi
44
Demand is not necessary to incur delay when
Time is the controlling motive
45
The source of obligation which is a rule of conduct, just and obligatory, promulgated by legitimate authorities for common good, benefit and observance
law
46
A supports B, a minor, because B’s father refuses t support B. the father is obliged to reimburse A. the source of obligation is
quasi contract
47
A was employed as professional driver of B transit Bus owned by C. In the course of his work, A hit a concrete post causing serious injury to passenger W and pedestrian Y. the victims sued the driver and the owner of the bus for damages. Which of the following statements is correct?
The conviction of A in a criminal case makes C liable for damages arising from criminal act
48
I. When what is to be delivered is a determinate thing, the creditor may compel the debtor to make the delivery and if the debtor refuses, the creditor may ask that the obligation be complied with at the expense of the debtor
II. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned
False, True
49
Ordinary diligence is
Diligence of a good father of a family
50
The creditor has a right to the fruits of the thing
From the time the obligation to deliver it arises
51
From the time the fruits have been delivered, the creditor shall acquire
real right
52
A wife was about to deliver a child. Her parents brought her to the hospital. Who should pay the expenses for medical attendance?
I. The husband, because it is his duty to support his wife and support includes medical attention
II. The parents, because they were the persons who brought the wife to the hospital
Only the first is correct
53
Spontaneous products of the soil and the offspring and other products of animals
Natural
54
Products of the soil through cultivation or intervention of human labor
industrial
55
Fruits arising out of contracts
civil
56
I. If a person obliged to do something fails to do it, the same shall be executed at his cost
II. Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages
True, True
57
A is oblige to deliver his only car to B on November 20, 2011. If A does not deliver, and on November 22, 2011, a typhoon destroys the car, which is correct?
A is not liable because the obligation is extinguished
58
Debtor’s default in real obligation
Mora solvendi ex- re
59
Debtor’s default in personal obligation
Mora solvendi ex- persona
60
Default on the part of the creditor
Mora accipiendi
61
Default on the part of both parties
compensation morae
62
There shall be no liability for loss due to fortuitous events in which one of the following cases. Which is it?
When the obligation is to deliver a determinate thing and there was a stipulation as to the liability of the debtor in case of loss due to fortuitous events
63
Demand must be made on the due date of the obligation in order for delay to exist in one of the following cases. Which is it?
When the obligation does not indicate whether demand must e made or not on due date
64
Which of the following is not a proper remedy for the creditor?
To compel the debtor to perform the obligation, if the obligation is an obligation to do
65
When the following statements concerning delay is incorrect?
Delay, as a rule, exists, when the debtor does not perform his obligation on the date that it is due
66
S, a supplier of fresh fish from Lucena City hired T, the owner of a trucking company, for a fee of P3 000 to bring the fish of S to the Dampa Market in Paranaque City which ordered the fish for a price of P20 000. In so far as S is concerned, his prestation in his contract with T is
The payment of P3 000
67
Refer to the preceding number. In the contract between S and T
Both S and T are obligors and obligees of each other
68
P took a public bus in going to his office. Although P paid his fare, the bus did not issue him a ticket. Along the way, the bus met an accident causing a slight injury to P and other passengers. If P is to recover damages from the bus owner, the source of the bus owner’s liability is
contract
69
YZ is a cooperative store. On July 1, 2010, it paid the Government of the City of Manila certain taxes believing that it owed the same. After six months, XYZ learned that it was not subject to the said taxes. Accordingly, it sought to recover the said taxes it previously paid. The obligation of the Government of the City of Manila to return the said taxes paid is based on
Solution indebiti
70
What does compliance in good faith mean?
Parties must abide by the terms and conditions of the contract.
71
Which of the following does not characterize negotiorum gestio?
The gestor undertook a risky operation which the owner was not accustomed to embark upon.
72
Which is not an obligation of a gestor in negotiorum gestio?
To pay any load he incurred not in the interest of management.
73
Which of the following is not an element of an obligation quasi-delict?
Pre-existing contractual relation between the parties.
74
Which of the following does not held the creditor liable to payment of damages?
Mutual agreement to contravene tenor
75
When does real right of the creditor over the fruits commence?
From the time the obligation to deliver arises
76
What is an element of delay?
Obligation must not be due, demandable and liquidated.
77
There is no need of demand in case:
The obligation is reciprocal in nature.
78
What is the remedy of the debtor in case of mora accipiendi?
Consign the thing
79
Which of the following is NOT a requisite for the application of the rule on fortuitous events?
Debtor has participated in the aggravation of the injury to the creditor
80
Which of the following is a force majeure?
Wars
81
Which is not an element of an obligation?
Contract
82
The object of an obligation must NOT be:
Indeterminate
83
Mr. Lolong, 80 years old, abandoned by his wealthy son Mr. Sonny, met an accident and was consequently confined in a hospital. Without the knowledge of Mr. Sonny and Mr. Lolong, Mr. Neil, a neighbor, spent for the medical expenses of Mr. Lolong expecting that he would be reimbursed by Mr. Sonny. Can Mr. Neil recover the amount of medical expenses from Mr. Sonny?
Yes, based on quasi-contract
84
A taxi owned and operated by Digong and a passenger jeepney operated by Leni figured in an accident whereby both drivers were found to be negligent. Bongo, a passenger of the taxi suffered injury. Which of the following is correct?
The source of Digong’s obligation is culpa contractual and Leni’s obligation is based on culpa aquiliana;
85
Which of the following is not an obligation of a person obliged to give a determinate thing (specific real obligation):
to deliver a thing which must be neither of superior nor inferior quality;
86
No person shall be responsible for those events which could not foreseen, or which, though foreseen, were inevitable except those:
all of the above;
87
In case of material damage or injury, the liability of a convicted person includes:
all of the above
88
A source of obligation where it is not the act or omission which gives rise to the obligation, but the want of care required from the circumstances:
quasi-delict
89
It is the non-fulfillment of the obligation with respect to time:
all of the above
90
Demand is not necessary in this instance:
all of the above
91
The general standard of diligence required in an obligation to give something:
all of the above.
92
The clothing shop undertook to tailor a special graduation gown for Melo in time for his valedictory address on the 15th May 2009. Since there were occasional brownouts, the shop failed to finish the gown on this date. Will the debtor be liable for delay?
Yes, because time is controlling motive for establishment of the contract
93
In this kind of contractual obligation, e.g. sale, neither party incurs in delay if the other does not or is nor ready to comply with what is incumbent upon him.
Reciprocal
94
I. When what is to be delivered is a determinate thing, the creditor may compel the debtor to make the delivery and if the debtor refuses, the creditor may ask that the obligation be complied with at the expense of the debtor
II. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned
False, true
95
I. If a person obliged to do something fails to do it, the same shall be executed at his cost
II. Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages
True, true
96
XYZ is a cooperative store. On July 1, 2010, it paid the Government of the City of Manila certain taxes believing that it owed the same. After six months, XYZ learned that it was not subject to the said taxes. Accordingly, it sought to recover the said taxes it previously paid. The obligation of the Government of the City of Manila to return the said taxes paid is based on
Solution indebiti
97
F sold his farmland to G in the amount of P3, 000, 000. After one year after the sale, F noticed that bamboo trees were growing on his former farmland. F immediately told G to make an additional payment because the bamboo trees are not included in their contract of sale. Who is the owner of the bamboo trees?
G
98
A agreed to sell his Shih Tzu to B for P 8, 000 . B paid the price. No date of delivery was stipulated. While on A’s possession, the dog gave birth to five puppies. Who owns the puppies?
B
99
E sold his car to D in the amount of P1, 000, 000. While E is on his way to deliver the car to D, he felt the car is shaking. When E realized that there is an earthquake the latter parked the car under an old big balete tree and then ran to an open space. When the earthquake stopped, E went back to the place where he parked the car. To his surprise, the balete tree was already on top of the car and the car was a total wreck. When E informed D about what happened to the car, D immediately asked for a refund. E refused because, according to him, he is not liable because an earthquake is a fortuitous event. Is the contention of E valid?
No, because E is negligent for abandoning the car under the tree knowing that it might fall because of the earthquake
100
In reciprocal obligations, there is delay:
From the time the other party complies with his obligation.