Financial Accounting > QUESTIONS & ANSWERS > LAW OF OBLIGATIONS AND CONTRACTS PRELIM ACCOUNTING 16 (All)

LAW OF OBLIGATIONS AND CONTRACTS PRELIM ACCOUNTING 16

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Bar Examination Questionnaire for Commercial Law Set A (1) P rode a Sentinel Liner bus going to Baguio from Manila. At a stop-over in Tarlac, the bus driver, the conductor, and the passengers disem... barked for lunch. P decided, however, to remain in the bus, the door of which was not locked. At this point, V, a vendor, sneaked into the bus and offered P some refreshments. When P rudely declined, V attacked him, resulting in P suffering from bruises and contusions. Does he have cause to sue Sentinel Liner? (A) Yes, since the carrier's crew did nothing to protect a passenger who remained in the bus during the stopover. (B) No, since the carrier's crew could not have foreseen the attack. (C) Yes, since the bus is liable for anything that goes wrong in the course of a trip. (D) No, since the attack on P took place when the bus was at a stop-over. (2) A cargo ship of X Shipping, Co. ran aground off the coast of Cebu during a storm and lost all its cargo amounting to Php50 Million. The ship itself suffered damages estimated at Php80 Million. The cargo owners filed a suit against X Shipping but it invoked the doctrine of limited liability since its vessel suffered an Php80 Million damage, more than the collective value of all lost cargo. Is X Shipping correct? (A) Yes, since under that doctrine, the value of the lost cargo and the damage to the ship can be set-off. (B) No, since each cargo owner has a separate and individual claim for damages. (C) Yes, since the extent of the ship’s damage was greater than that of the value of the lost cargo. (D) No, since X Shipping neither incurred a total loss nor abandoned its ship. (3) A writes a promissory note in favor of his creditor, B. It says: "Subject to my option, I promise to pay B Php1 Million or his order or give Php1 Million worth of cement or to authorize him to sell my house worth Php1 Million. Signed, A." Is the note negotiable? [Show More]

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