Law on Obligation and Contracts
Chapter 1 - Problems Expand
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 damage?
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Chapter 1 - Problems Expand
1. X saw at about 1pm in the afternoon a child alone in a
shopping mall. The child who strayed(naligaw) from Y,his mother, was in tears
and appeared very hungry. Out of pity, X took him to restaurant to eat for
which he spent P150. Y did not give her consent to 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?
Acc. Art.1160. Yes, Y is liable to X even if she did not give her consent. X fed Y’s child and
incurred expenses and this should be reimbursed by X to prevent anyone being
unjustly enriched or benefited at the expense of other.
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 damage?
Acc. Art.1162.Yes, because even if there is
no pre-existing contractual relation between them, X’s car was damaged due to the negligence of Y. If Y did not bump X’s car, X’s car would not have been
damaged. Thus, Y is liable to X for the damages.
3. In The same problem, has X the right to ask indemnify from R, employer of X, on the ground that when accident occurred X was then on his way to transact business with a client of R?
3. In The same problem, has X the right to ask indemnify from R, employer of X, on the ground that when accident occurred X was then on his way to transact business with a client of R?
Acc. Art.1158. X doesn’t have a right to ask for indemnity from R
because there is no law that requires
4. D (debtor) borrowed P10,000 from C(creditor). On the due date of the loan, D could not pay C because he lost to a robber the P10,000 intended for C. In, addition, he suffered financial reverses, and he was short of cash even for his current family’s needs. Is D legally justified to refuse to pay C?
4. D (debtor) borrowed P10,000 from C(creditor). On the due date of the loan, D could not pay C because he lost to a robber the P10,000 intended for C. In, addition, he suffered financial reverses, and he was short of cash even for his current family’s needs. Is D legally justified to refuse to pay C?
Acc. Art.1159. No, because when D loaned from C, he entered
in voluntary agreement and D was willing and therefore contract is valid. Thus, D
should comply with their agreement in good faith and does not have a legal justification
to refuse payment to C.
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