LAW ON OBLIGATIONS AND CONTRACTS PDF

Preview

Summary

Meneses, Genesis A. LAW BSA 1-3 Atty. Campanilla, Perlito EXAM ON THE LAW ON OBLIGATIONS AND CONTRACTS By: Atty. Pearlito B. Campanilla X saw at about one (1:00 p.) in the afternoon a child alone in a shopping mall. The child who strayed from Y, his mother, was in tears and appeared very hungry. Out...

Description

Meneses, Genesis A. BSA 1-3

LAW20013 Atty. Campanilla, Perlito

EXAM ON THE LAW ON OBLIGATIONS AND CONTRACTS By: Atty. Pearlito B. Campanilla 1. X saw at about one (1:00 p.m.) in the afternoon a child alone in a shopping mall. The child who strayed from Y, his mother, was in tears and appeared very hungry. Out of pity, X took him to a restaurant to eat for which he spends P150. Y did not give her consent to the good deed of X. Furthermore, they were on their way home before the child got lost. Is X entitled to be reimbursed by Y for the amount of P150? Yes. According Article 2164 states that when without the knowledge of the person obliged to give support is given by a stranger, the latter shall have the right to demand reimbursement from the former, unless the latter gave it without the intention of being repaid. In this case, X is entitled to be reimbursed by Y with or without knowledge or consent of the latter for the amount of P150 because the child whom X took care of is within the custody of Y who acted in negligence. The obligation of Y to reimburse X’s expense arises from quasi-contract.

2. While the car of X was parked by the roadside, it was bumped at the rear by a jeep belonging to Y. Only the car of X suffered damage. Under the circumstances, does it follow that Y is liable to X for the damage? Yes, Y is liable to X for the damage because according to Article 2176, it is stated whoever acted in negligence and has caused damage to another shall pay for the damages. The general rule is that driver that hit the parked car is at fault due to the parked car not moving and can't avoid the bumping of the jeep. However, using the general rule of comparative negligence, if the car of X being illegally parked has contributed to the accident, civil liabilities might be mitigated. 3. S (seller) sold to B (buyer) on July 5, a horse named Silver to be delivered on July 20. However, on July 15, S sold again and delivered the horse to T. who has a better right to Silver? T has a better right to Silver than B because Article 1496 states that one shall possess a real right once the object due has been delivered to him. In this case, S delivered the horse, Silver to T on July 15 before the delivery date to B on July 20 which gave T a real right over

Silver. B on the other hand has a personal right to demand from S the damage the latter has caused. 4. S sold to B specific refrigerator which S agreed to deliver not later than July 31, S did not deliver the refrigerator on said date. Is s guilty of legal delay? No, S is not guilty of legal delay but of ordinary delay. According to Article 1169, the general rule is that until there’s a demand, there’s no delay. S will only be guilty of legal delay if B demanded, if the obligation so provides, if the law provides, if time is the essence and if the demand would be useless. 5. promised to deliver to B a female horse named Suzie, on July 10, Suzie gave birth to a colt on July 5. a) What are the obligations of S? The obligation of S would be (1) Article 1163; to deliver the thing itself, (2) 1163; to take care of the thing due before delivery, (3) Article 1164; to deliver the fruits of the thing due, (4) Article 1166; to deliver accession and accessories, and (5) Article 1170; to pay damages if proven guilty of delay, fraud, negligence, or contravention of the terms of the obligation.

b) Who has a right to the colt? S has the right to the colt. According to Article 1164, S must deliver the fruits of the thing due to B from the time obligation to deliver arises. In this case, Suzie gave birth to a cold in July 5, five days prior as to when the obligation to deliver will arise, thus, S shall have the right to the colt. c) Who is the lawful owner of Suzie in case it was sold and delivered by S to T on July 8? T is the lawful owner of Suzie. According to the provisions of Article 1164, one shall possess a real right once the thing due has been delivered to him. In this case, Suzie has been delivered to T, 2 days before the delivery date to B, giving T a real right over Suzie. 6. X agreed to give Y a 5% commission if the latter could sell the former’s land at a certain price. Y found a buyer who definitely decided to buy the property upon the terms prescribed by X. To evade the payment of the commission agreed upon, X himself sold to the buyer the property at a lower price without the aid of Y. Can Y get the commission from X?

Yes, X must give Y a 5% commission. According to Article 1186, the condition shall be deemed fulfilled if the debtor voluntarily prevent the condition from happening. As X purposely prevented the condition from happening by selling the land himself at a lower price, the condition is deemed fulfilled and X must give Y a 5% commission. 7. S promised to sell his land to Y if Y would be able to secure a loan from a certain bank. Later on, S changed his mind about selling his land. He induced the bank not to give a loan. Is S now compelled to sell the land to Y? Yes, S is compelled to sell his land to Y. According to Article 1186, the condition shall be deemed fulfilled if the debtor voluntarily prevent the condition form happening. As S purposely prevented the condition from happening in bad faith, the condition is deemed fulfilled and is liable for selling his land to Y. 8. X obliges himself to allow Y to occupy the former’s house in Manila as long as X is assigned by their company in the province. When Y learned that X would be transferred to Manila, he was able to induce the president of the company to assign another person in place of X. Can Y still occupy the house of X?

No, Y can no longer occupy the house of X. According to Article 1186, the condition shall be deemed fulfilled if the debtor voluntarily prevent the condition form happening. As Y purposely prevented the happening of the resolutory condition by inducing the president of the company to reassign another person in place of X, the condition is deemed fulfilled, the obligation of X is extinguished and Y must vacate the house. 9. A, B, and C are jointly liable to give D a car valued at P240,000. On the date of delivery, A and B are willing to deliver but C is not. Can D compel A and B to deliver the car? No. D can't compel A and B to deliver the car because under the provisions of Article 1209, A and B are only liable for P80,000 each and are not liable for C's share of P80,000 on the car. Article 1224 provides that if the prestation of the obligation is indivisible and if one joint debtor is not willing to comply, the obligation will be converted monetarily (pay damages). In this case, the car shall be converted into monetary amount and be divided according the shares of A, B and C (P80,000 each) but since, it’s C’s fault that the car was not delivered, he will be liable for the damages to D or even if A and B suffered damages due to C’s fault.

10. A obliged himself to deliver to B a cellphone worth Php10,000. However, A was not able to do so because he lost his job because of the pandemic. Is the pandemic a fortuitous event that free A from his obligation? No, the pandemic did not free A from his obligation but could be used to justify A's delay or non-compliance of the obligation should B demanded the phone. Article 1174 stated that for an event to be considered a fortuitous event, (1) the event should be independent of human will, (2) the event, even if foreseen is unavoidable, (3) the event renders the debtor impossible to comply with his obligation in a normal manner, and (4) the debtor should be free any participation in the aggravation of injury of the creditor. Having all the requisites of Article 1174 present and due to the absence of any stipulations regarding the liability in case of a fortuitous event makes the pandemic as a valid justification of A's delay or non-compliance....