Define, Enumerate or Explain. (2% each)
What is the difference between “guaranty” and “suretyship”?
Define quasi tort. Who are the persons liable under quasi torts and what are the defenses available to them?
Give at least two reasons why a court may assume jurisdiction over a conflict of laws case.
Suggested answer only. Not an official answer and not legal advice.
(1) Guaranty is secondary while suretyship is primary. (2) Quasi-tort is vicarious liability. (3) Conflict jurisdiction rests on comity and statute theories.
Under Article 2047, a guarantor pays if the debtor cannot pay and enjoys excussion, while a surety is solidarily bound. Under Article 2180, vicarious liability is imposed for others' acts. In conflict cases, jurisdiction is assumed under statute or comity theory.
Here, suretyship insures the debt, while guaranty insures solvency. Vicariously liable persons include parents, employers, and schools, who may raise the defense of due diligence. Courts take conflict cases when mandated by statute or international comity.
Therefore, guaranty differs from suretyship, quasi-torts involve vicarious liability subject to due diligence, and conflict jurisdiction relies on statute or comity.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What is the primary distinction between a guarantor and a surety under Article 2047 of the Civil Code?
A guarantor's obligation is secondary with benefit of excussion, while a surety is solidarily and primarily liable.
Under Article 2047 of the Civil Code, what benefit is available to a guarantor but denied to a solidary surety?
A guarantor enjoys the benefit of excussion to exhaust the principal debtor's assets, unlike a solidary surety.
Under Article 2180 of the Civil Code, who among the following is held vicariously liable for damages caused by their employees in the service of the branches?
Article 2180 explicitly holds employers liable for damages caused by employees acting within the scope of assigned tasks.
What statutory defense completely exempts a parent or employer from vicarious liability under Article 2180 of the Civil Code?
Exercising the diligence of a good father of a family to prevent damage is a complete statutory defense under Article 2180.
Under what theory does a domestic court assume jurisdiction over a conflict of laws case out of international deference and reciprocity?
Under the comity theory, courts exercise jurisdiction out of international courtesy, deference, and reciprocity.
Learn more about these topics
1. Guaranty Versus Suretyship
Under Article 2047 of the Civil Code, a guaranty and a suretyship differ fundamentally in the nature of the promisor's liability. A guarantor binds himself to fulfill the obligation only if the principal debtor cannot pay, thus possessing secondary liability and enjoying the benefit of excussion. Conversely, a surety binds himself solidarily with the principal debtor, assuming primary liability to pay if the debtor does not pay, thereby insuring the debt itself rather than merely the solvency of the debtor.
2. Quasi Tort Liability
Under Article 2180 of the Civil Code, quasi tort or vicarious liability imposes secondary civil liability upon designated persons for damage caused by individuals under their parental authority, custody, employment, or supervision. Persons held vicariously liable include parents, guardians, employers, owners of establishments, and teachers or heads of educational institutions. These responsible parties can completely escape liability by proving that they exercised the diligence of a good father of a family to prevent the damage.
3. Conflict Jurisdiction Grounds
In Private International Law or Conflict of Laws, a court may assume jurisdiction over a case involving foreign elements based on established theoretical grounds. First, under the statute theory, a domestic court assumes jurisdiction when authorized by an express statutory provision or procedural rule of the forum state. Second, under the comity theory, a court exercises jurisdiction out of international courtesy, deference, and reciprocity to provide a forum for resolving disputes that affect foreign nationals or cross-border interests.