Civil Law, 2011 Bar — Question 66

MULTIPLE CHOICE

Roy and Carlos both undertook a contract to deliver to Sam in Manila a boat docked in Subic. Before they could deliver it, however, the boat sank in a storm. The contract provides that fortuitous event shall not exempt Roy and Carlos from their obligation. Owing to the loss of the motor boat, such obligation is deemed converted into one of indemnity for damages. Is the liability of Roy and Carlos joint or solidary? A) Neither solidary nor joint since they cannot waive the defense of fortuitous event to which they are entitled. B) Solidary or joint upon the discretion of Sam. C) Solidary since Roy and Carlos failed to perform their obligation to deliver the motor boat. D) Joint since the conversion of their liability to one of indemnity for damages made it joint.

You can write freely without an account. Sign in to reveal the suggested answer and track your progress.