question archive A promissory note signed by D and dated November 28, 2020 is worded as follows: "I promise to pay C the sum of P50,000 provided that if she should fail in the October 2021 CPA examinations, she shall return to me said amount
Subject:LawPrice:2.86 Bought5
A promissory note signed by D and dated November 28, 2020 is worded as follows: "I promise to pay C the sum of P50,000 provided that if she should fail in the October 2021 CPA examinations, she shall return to me said amount." The above note gives rise to an obligation with: *
(A) suspensive condition
(B) casual condition
(C) resolutory condition
(D) all of the above
(E) none of the above
(C) Resolutory condition
The obligation from the note is resolutory condition. The resolutionary condition usually comes with a condition of fulfilment of an occurrences results to the termination of the already enforceable obligation. For this case, the contract has been agreed upon where D has signed the promissory note with the promise of the payment of P50, 000. The condition of occurrence that will terminate the contract is her failure of the October 2021 CPA examinations. Also, resolutory notes entitles the parties to be restored to their original positions. For this case, the obligation has offered the condition where she will return the P50, 000 if she fails the CPA paper. All these characteristics make this note a resolutory condition