This document provides sample problems and suggested answers related to obligations and contracts under Philippine law. Some key points covered include:
1. The status of an agreement if fraud occurred during performance rather than formation.
2. The rights of a creditor if some but not all goods owed under an obligation are lost.
3. How to determine the amount a joint or solidary creditor can collect from a debtor under different scenarios.
4. The legal effects of renunciation, compensation, novation, and other matters relating to obligations and contracts.
These notes are not made by me. this is made by a different group in my class. these notes were provided for everyone in the class as part of our group project.
I am merely sharing these notes to supplement other students in learning the subject.
These notes are not made by me. this is made by a different group in my class. these notes were provided for everyone in the class as part of our group project.
I am merely sharing these notes to supplement other students in learning the subject.
These notes are not made by me. this is made by a different group in my class. these notes were provided for everyone in the class as part of our group project.
I am merely sharing these notes to supplement other students in learning the subject.
These notes are not made by me. this is made by a different group in my class. these notes were provided for everyone in the class as part of our group project.
I am merely sharing these notes to supplement other students in learning the subject.
ASSIGNMENT: Business Law (example of answer)Rofidah Azman
I got quite good mark for this assignment. I'd like to share with other fellow students the example of answers for the questions. There are of course rooms for improvement. Good luck!
The presentation outlines prevalance, characteristics, and impact of computer-based sexual harrassment. Addressing and preventing such haaraassment are also discussed. Case examples and discussion follow in the presentation.
Presented at:
- American College Personnel Association (ACPA), Washington DC, April 2000
- The Center for Women's studies and The Affirmative Actions Office, Pennsylvania State University, PA, November 1999
- Pennsylvania College Personnel Association (PCPA), PA,October 1999
Answer, Counterclaims & Third Party Claims - Non-Compete & Tortious InterferencePollard PLLC
This is one of our cases in Volusia County, Florida. Our clients - all of the defendants in the case - were sued for breach of a non-compete agreement, breach of fiduciary duty and tortious interference.
We responded with counterclaims for a declaratory judgment holding the non-compete agreement(s) unenforceable, third party claims for breach of fiduciary duty and breach of contract and a demand for indemnification.
This is a good example of our level of work. We have extensive experience litigating non-compete and tortious interference cases on both sides. We prosecute and defend these types of cases.
In every case, we have a process: First, we master the facts. Many lawyer and law firms get involved in a case and immediately focus on law. In our view, that is the wrong approach. All cases are driven by facts. Any legal strategy must be tailored to the specific facts of a specific case.
We do not take anything for granted. We do not default to the same tired boilerplate pleadings. In every new case, we fashion a specific strategy for that case.
If you have a non-compete or tortious interference case, just give us a call at 9543-32-2380. That's what we're here for.
Competing for Limited FundingIn todays reality of shrinking b.docxmaxinesmith73660
Competing for Limited Funding
In today's reality of shrinking budgets, states continue to look for money that is not being effectively spent. State legislatures want to ensure they are getting the most for their limited dollars. The legislature has requested you to present an overview of an effective juvenile justice alternative sentencing program that you are aware of from the text or your research, and explain why it is effective and why it should be funded. What is the intended population? What standard are you using to measure the effectiveness? Why do you think it is effective and worthy of continued funding?
Your colleague has made a presentation to the state legislature, and now it is your turn. You are the director of an intervention strategy (before your colleagues program) or a re-entry program (after your colleague's program) that is also being looked at to help fund other priority legislative programs. The legislature believes the juvenile justice system is too soft on crime and we need to get tough on crime. For this discussion, you may support either the rehabilitation camp or the get tough on crime camp as you prepare your answer. Make sure you address the social justice arguments based on your position. Build the case for one of the following:
a. Ensure that your program is a complimentary program to that of your classmate’s, but both programs are serving separate and distinct critical populations. Both must be funded.
b. That the synergistic effect of the two programs together will result in both programs being more effective in the long run, and, therefore, enhancing social justice.
c. That your program is much more cost effective; it should be funded at the expense of the program outlined by your colleague.
Your initial post should be at least 250 words in length
Connecting the Dots - What is an Effective Program?
In Chapter 10, the text addresses primary, secondary and tertiary prevention programs. What are these levels? Give an example of an effective program in each level. Give a brief description of each program, its intended purpose, and target juvenile population. Why do you think they are effective?
When responding to one of your classmates, address one of the programs with a focus on one of the text’s questions below concerning prevention programs. Select one bullet below and present the positives and the negatives for the issue addressed:
a. Does every juvenile who has been arrested need treatment? Should all juveniles arrested receive the same treatment services? Why or why not?
b. Should prevention programs be given to everyone, and if so, where? Should we consider ethnicity, race, education, socio-economic standing?
c. Are the services worth the taxpayer costs? Consider both financial and social costs.
d. Should we mandate prevention for school aged children, their parents, or for both? What if the parents refuse to participate?
e. What role does the state have in addressing pre-criminal, status offens.
Dear students get fully solved assignments
Send your semester & Specialization name to our mail id :
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how to swap pi coins to foreign currency withdrawable.DOT TECH
As of my last update, Pi is still in the testing phase and is not tradable on any exchanges.
However, Pi Network has announced plans to launch its Testnet and Mainnet in the future, which may include listing Pi on exchanges.
The current method for selling pi coins involves exchanging them with a pi vendor who purchases pi coins for investment reasons.
If you want to sell your pi coins, reach out to a pi vendor and sell them to anyone looking to sell pi coins from any country around the globe.
Below is the contact information for my personal pi vendor.
Telegram: @Pi_vendor_247
Turin Startup Ecosystem 2024 - Ricerca sulle Startup e il Sistema dell'Innov...Quotidiano Piemontese
Turin Startup Ecosystem 2024
Una ricerca de il Club degli Investitori, in collaborazione con ToTeM Torino Tech Map e con il supporto della ESCP Business School e di Growth Capital
If you are looking for a pi coin investor. Then look no further because I have the right one he is a pi vendor (he buy and resell to whales in China). I met him on a crypto conference and ever since I and my friends have sold more than 10k pi coins to him And he bought all and still want more. I will drop his telegram handle below just send him a message.
@Pi_vendor_247
how to sell pi coins effectively (from 50 - 100k pi)DOT TECH
Anywhere in the world, including Africa, America, and Europe, you can sell Pi Network Coins online and receive cash through online payment options.
Pi has not yet been launched on any exchange because we are currently using the confined Mainnet. The planned launch date for Pi is June 28, 2026.
Reselling to investors who want to hold until the mainnet launch in 2026 is currently the sole way to sell.
Consequently, right now. All you need to do is select the right pi network provider.
Who is a pi merchant?
An individual who buys coins from miners on the pi network and resells them to investors hoping to hang onto them until the mainnet is launched is known as a pi merchant.
debuts.
I'll provide you the Telegram username
@Pi_vendor_247
when will pi network coin be available on crypto exchange.DOT TECH
There is no set date for when Pi coins will enter the market.
However, the developers are working hard to get them released as soon as possible.
Once they are available, users will be able to exchange other cryptocurrencies for Pi coins on designated exchanges.
But for now the only way to sell your pi coins is through verified pi vendor.
Here is the telegram contact of my personal pi vendor
@Pi_vendor_247
how can i use my minded pi coins I need some funds.DOT TECH
If you are interested in selling your pi coins, i have a verified pi merchant, who buys pi coins and resell them to exchanges looking forward to hold till mainnet launch.
Because the core team has announced that pi network will not be doing any pre-sale. The only way exchanges like huobi, bitmart and hotbit can get pi is by buying from miners.
Now a merchant stands in between these exchanges and the miners. As a link to make transactions smooth. Because right now in the enclosed mainnet you can't sell pi coins your self. You need the help of a merchant,
i will leave the telegram contact of my personal pi merchant below. 👇 I and my friends has traded more than 3000pi coins with him successfully.
@Pi_vendor_247
Currently pi network is not tradable on binance or any other exchange because we are still in the enclosed mainnet.
Right now the only way to sell pi coins is by trading with a verified merchant.
What is a pi merchant?
A pi merchant is someone verified by pi network team and allowed to barter pi coins for goods and services.
Since pi network is not doing any pre-sale The only way exchanges like binance/huobi or crypto whales can get pi is by buying from miners. And a merchant stands in between the exchanges and the miners.
I will leave the telegram contact of my personal pi merchant. I and my friends has traded more than 6000pi coins successfully
Tele-gram
@Pi_vendor_247
how to sell pi coins in all Africa Countries.DOT TECH
Yes. You can sell your pi network for other cryptocurrencies like Bitcoin, usdt , Ethereum and other currencies And this is done easily with the help from a pi merchant.
What is a pi merchant ?
Since pi is not launched yet in any exchange. The only way you can sell right now is through merchants.
A verified Pi merchant is someone who buys pi network coins from miners and resell them to investors looking forward to hold massive quantities of pi coins before mainnet launch in 2026.
I will leave the telegram contact of my personal pi merchant to trade with.
@Pi_vendor_247
What website can I sell pi coins securely.DOT TECH
Currently there are no website or exchange that allow buying or selling of pi coins..
But you can still easily sell pi coins, by reselling it to exchanges/crypto whales interested in holding thousands of pi coins before the mainnet launch.
Who is a pi merchant?
A pi merchant is someone who buys pi coins from miners and resell to these crypto whales and holders of pi..
This is because pi network is not doing any pre-sale. The only way exchanges can get pi is by buying from miners and pi merchants stands in between the miners and the exchanges.
How can I sell my pi coins?
Selling pi coins is really easy, but first you need to migrate to mainnet wallet before you can do that. I will leave the telegram contact of my personal pi merchant to trade with.
Tele-gram.
@Pi_vendor_247
where can I find a legit pi merchant onlineDOT TECH
Yes. This is very easy what you need is a recommendation from someone who has successfully traded pi coins before with a merchant.
Who is a pi merchant?
A pi merchant is someone who buys pi network coins and resell them to Investors looking forward to hold thousands of pi coins before the open mainnet.
I will leave the telegram contact of my personal pi merchant to trade with
@Pi_vendor_247
USDA Loans in California: A Comprehensive Overview.pptxmarketing367770
USDA Loans in California: A Comprehensive Overview
If you're dreaming of owning a home in California's rural or suburban areas, a USDA loan might be the perfect solution. The U.S. Department of Agriculture (USDA) offers these loans to help low-to-moderate-income individuals and families achieve homeownership.
Key Features of USDA Loans:
Zero Down Payment: USDA loans require no down payment, making homeownership more accessible.
Competitive Interest Rates: These loans often come with lower interest rates compared to conventional loans.
Flexible Credit Requirements: USDA loans have more lenient credit score requirements, helping those with less-than-perfect credit.
Guaranteed Loan Program: The USDA guarantees a portion of the loan, reducing risk for lenders and expanding borrowing options.
Eligibility Criteria:
Location: The property must be located in a USDA-designated rural or suburban area. Many areas in California qualify.
Income Limits: Applicants must meet income guidelines, which vary by region and household size.
Primary Residence: The home must be used as the borrower's primary residence.
Application Process:
Find a USDA-Approved Lender: Not all lenders offer USDA loans, so it's essential to choose one approved by the USDA.
Pre-Qualification: Determine your eligibility and the amount you can borrow.
Property Search: Look for properties in eligible rural or suburban areas.
Loan Application: Submit your application, including financial and personal information.
Processing and Approval: The lender and USDA will review your application. If approved, you can proceed to closing.
USDA loans are an excellent option for those looking to buy a home in California's rural and suburban areas. With no down payment and flexible requirements, these loans make homeownership more attainable for many families. Explore your eligibility today and take the first step toward owning your dream home.
Introduction to Indian Financial System ()Avanish Goel
The financial system of a country is an important tool for economic development of the country, as it helps in creation of wealth by linking savings with investments.
It facilitates the flow of funds form the households (savers) to business firms (investors) to aid in wealth creation and development of both the parties
BYD SWOT Analysis and In-Depth Insights 2024.pptxmikemetalprod
Indepth analysis of the BYD 2024
BYD (Build Your Dreams) is a Chinese automaker and battery manufacturer that has snowballed over the past two decades to become a significant player in electric vehicles and global clean energy technology.
This SWOT analysis examines BYD's strengths, weaknesses, opportunities, and threats as it competes in the fast-changing automotive and energy storage industries.
Founded in 1995 and headquartered in Shenzhen, BYD started as a battery company before expanding into automobiles in the early 2000s.
Initially manufacturing gasoline-powered vehicles, BYD focused on plug-in hybrid and fully electric vehicles, leveraging its expertise in battery technology.
Today, BYD is the world’s largest electric vehicle manufacturer, delivering over 1.2 million electric cars globally. The company also produces electric buses, trucks, forklifts, and rail transit.
On the energy side, BYD is a major supplier of rechargeable batteries for cell phones, laptops, electric vehicles, and energy storage systems.
1. OBLIGATIONS & CONTRACTS ZPG & ASSOCIATES
SAMPLE PROBLEMS WITH SUGGESTED ANSWERS.
1. D is obliged to deliver 5 bags of powder soap to C 7 days from their agreement. On
due date, D delivered 5 bags of powder soap mixed with chalk. What is the status of the
agreement between D and C?
* The agreement is valid. The fraud was committed during the performance of the
obligation and not during the agreement of the parties. This is a case of incidental fraud
(dolo incidente) not causal fraud (dolo causante).
2. D is obliged to give C a specific watch, a specific ring or a specific bracelet. The
parties agreed that C will have the right to choose the thing which will be given to him.
Before C could make his choice, the watch and the ring are lost through D’s fault,
successively. What is the right of C?
* C may choose the delivery to him of the bracelet, or the price of the watch or
the price of the ring plus damages.
3. A, B, C and D are obliged to give X, Y and Z P12,000. X may collect from A how
much?
* P1,000. When the obligation is silent, it is presumed joint.
4. A, B, C and D, joint debtors are obliged to give X, Y, and Z, solidary creditors,
P12,000. How much may X collect from A?
* P 3,000. As a solidary creditor, X may collect the whole amount owed by the
joint debtor A.
5. A, B, C and D, solidary debtors, are obliged to give X, Y and Z, joint creditors,
P12,000. How much may X collect from A?
* P4,000. As a joint debtor X is entitled only to his proportionate share, and A
being a solidary debtor may be required to pay the said amount.
6. A, B, C and D, solidary debtors, are obliged to give X, Y and Z, solidary creditors,
P12,000. How much may X collect from A?
* P12,000. X being a solidarity creditor may ask for the payment of the whole
amount in behalf of his co-creditors subject to a responsibility of X to give the latter their
corresponding shares. Similarly, A as a solidary debtor may be required to pay the whole
amount of the obligation subject to reimbursement from his co-debtors.
7. A and B are indebted to X and Y for P10,000. A and B share in the debt in the ratio of
1:3 while X and Y share in the credit in the ratio of 2:3.
a. How much may X collect from A if the debtors are joint debtors, while the
creditors are joint creditors?
* P1,000. The obligation is joint on both the debtor and creditor, therefore
there are as many debts (credits) as debtors (creditors).
COMPUTATION:
Proportionate Share of A:
¼ x P10,000 = P 2,500
Proportionate Share of B on A’s Proportionate Debt:
2/5 X P2,500= P 1,000
1
2. OBLIGATIONS & CONTRACTS ZPG & ASSOCIATES
b. How much may X collect from A if there is active solidarity?
* P2,500(see computation above). The whole amount of the proportionate
share of A could be collected by X. As a solidary creditor, X may collect the whole
amount of the obligation corresponding against one or more debtors.
c. How much may X collect from A if there is passive solidarity?
* P4,000. Being a joint creditor, X can collect only his corresponding
share in the credit. The full amount could be collected to A, being a solidary debtor.
COMPUTATION:
Proportionate Share of X in the credit:
2/5 x P10,000 = P 4,000
d. How much may X collect from A if there is mixed solidarity?
P10,000. Since there is mixed solidarity the whole amount of obligation
may be collected by any of the solidary creditors against any of the solidary debtors.
8. A, B and C are solidary debtors of X, Y and Z, solidary creditors, in the amount of
P2,700. X renounces the whole obligation without the consent of Y and Z. The debtors
accepted the renunciation. What is the legal effect of the renunciation?
* The whole obligation is extinguished, however X shall be liable to the
corresponding shares of the other co-creditors as they have agreed upon.
9. A, B and C are solidary debtors of X in the amount of P3,000. X renounces the share
of A and A accepts the renunciation. Thereafter B becomes insolvent. What is the legal
effect of the renunciation?
* A will be liable for P500, while C will be liable for P1,500 (P1,000 + P500).
Since the remaining obligation is P2,000 after the renunciation of A’s share, and
thereafter B becomes insolvent, A and C would have to absorb the debt corresponding
to B in the amount of P1,000. This shall be divided equally by A and C.
10. A, B and C are solidary debtors of X in the amount of P30,000. C was insane at the
time the obligation was constituted. What is the legal effect?
* X may collect from either A or C P20,000. Art. 1222 provides that a solidary
debtor may avail himself of the partial defense of the insanity of C. Such defense is
personal to C and would therefore affect only the part of the debt to which C may be
responsible.
11. A, B and C are obliged to deliver a specific horse to X, Y and Z. What would be the
legal effect when C cannot comply with his obligation?
*This is a case of a jointly-indivisible obligation. Assuming there was a valid
demand made against all the debtors and since C could not comply with his part of the
obligation, the obligation is converted into a monetary obligation to pay the value of the
horse plus damages. (1224)
12. D borrowed P10,000 from C with G as guarantor. Subsequently, D paid C P 2,000.
Unknown to D, T a third person paid C P10,000 believing that D still owed C such
amount. What is the legal effect of the payment by T?
* T can recover P8,000 from D, the law provides that only the amount to which
the creditor has benefited could be reimbursed to the third person paying if the payment
2
3. OBLIGATIONS & CONTRACTS ZPG & ASSOCIATES
was without knowledge of the creditor. If D cannot pay, T cannot go after G to collect.
(1236)
13. D owes C P10,000. T offers to pay D’s obligation and tells D that D need not
reimburse him. However, D does not give his consent to T’s offer not to be reimbursed.
C, nonetheless, accepts the payment from T. Was the payment valid?
* The payment is valid insofar as C is concerned. The case is deemed to be a
donation, however to be constituted as such D’s consent is necessary. (1238)
14. D obtained a loan of P10,000 from C who was in his right mind at the time he
granted the loan. On due date, D paid his obligation of P10,000 to C who had since
become insane. C lost P4,000 of the amount he received and spent P6,000 for his food
and other necessary expenses. Was the obligation extinguished?
* The obligation is extinguished up to P6,000 only. Payment of an obligation to an
incapacitated person shall be valid when the person has kept the thing delivered and
only insofar as the payment has been beneficial to him. (1241)
15. D owes C the following debts: P4,000 due on May 1; P4,000 due on May 8; P4,000
due on May 15; P4,000 due on May 22; P4,000 due on May 29; and P4,000 due on
June 5. The debts represented the price of magazines which were delivered to D on a
weekly basis. Of the six debts, the one due on May 22 is secured by a pledge of D’s
ring. By agreement of the parties, C may demand payment even before the due date of
the debt. As of May 31, D had not paid any of the six debts. On May 31, D wanted to
make payment but he had only P4,000. How is the payment to be applied?
* Since no agreement as to which debts should be settled first and absent the
fact that the creditor has not issued any receipt applying the amount to any of the debts
to which the debtor has not protested and there was no cause of invalidating the same,
and the period is for the benefit of the creditor then the P4,000 should be applied to the
one due on May 22 since it is most burdensome.
16. Refer to no. 15 Assuming that D did not designate the debt to be paid when he
remitted the amount of P4,000 to C on May 31. C issued a receipt for the payment he
received from D but he did not also designate the debt that was being paid. How would
the payment be applied?
* The payment shall be applied to the debt due on May 22 since it is the most
onerous.
17. D owes C the following debts: P200,000 due on June 1, 2008 secured by a car;
P200,000 due on May 1, 2008 with 10% interest; P300,000 due on May 1,2008 with 8%
interest; P300,000 due on May 1,2008 secured by house and lot; P200,000 due on April
1,2008 and P300,000 due on March 1, 2008. By agreement of the parties, C may
demand payment even before the due date of the debt. Today is May 1, 2008 D had not
paid any of the six debts. D wanted to make payment but he had only P1,000,000. How
is the payment to be applied?
* Since no agreement as to which debts should be settled first and absent the
fact that the creditor has not issued any receipt applying the amount to any of the debts
to which the debtor has not protested and there was no cause of invalidating the same,
furthermore the period is for the benefit of the creditor, the P1,000,000 should be applied
as follows:
3
4. OBLIGATIONS & CONTRACTS ZPG & ASSOCIATES
Amount available P 1,000,000
Debt secured by house and lot 300,000
Balance 800,000
Debt with 10% Interest
Interest 10% x P 200,000= P20,000
Principal 200,000 220,000
Balance 580,000
Debt with 8% interest
Interest 8% x P 300,000= 24,000
Principal 300,000 324,000
Balance 256,000
****
The remaining P 256,000 shall be distributed proportionately to the debts that are due
and demandable as follows:
Remaining Debts: Ratio % Share (P256,000)
(a)Mar 1 P 300,000 3/5 (300/500) 60% P 153,600
(b)Apr 1 P 200,000 2/5 (200/500) 40% 102,400
500,000
18. Francis, husband and Mitch, wife are legally separated. By order of the court which
decreed the legal separation, Francis is obliged to give a monthly support of P20,000 to
Mitch payable in advance within the first five days of the month. Mitch owes Francis
P20,000 by way of loan. On the other hand, Francis has not yet given Mitch’s support for
P20,000 for the preceding month and another P20,000 for the present month. All the
debts are due. Can compensation take place?
* Yes. If Mitch demands her support for the current month, Francis may claim
compensation as regards the loan that Mitch owes him.
19. D owes C P20,000 with G as Guarantor. C, on the other hand, owes D, P15,000.
Both debts are already due but D is insolvent. Can compensation take place?
* Yes. A guarantor can set up compensation as regards what the creditor may
owe the principal debtor. However, C may still collect from G P5,000.
20. D owes C P20,000 due on June 20. C owes D P14,000 due on June 15. On June 12,
C assigned his right to X. D consented to such assignment without any reservation of his
right to the compensation. On June 20, how much may X collect from D?
* P20,000. No compensation shall take place since there was no reservation of
such right by D upon the assignment of the credit. (1285 par 1)
4
5. OBLIGATIONS & CONTRACTS ZPG & ASSOCIATES
21. D owes C P30,000 due on June 20. C owes D the following debts: P15,000 due on
June 2; P4,000 due on June 14; P6,000 due on June 16; and P3,000 due on June 18.
On June 17, C assigned his right to X. C notified D of the assignment but D did not give
his consent thereto. How much may X collect from D on June 20?
* P5,000. Since the assignment, although with knowledge, is without consent of
D therefore compensation shall take place but only to the debts prior to the assignment.
(1285 par 2)
22. Refer to no. 21. Assume the same facts except that when C made the assignment of
his credit to X, C did not notify D about it. It was only on June 20 when X went to D to
collect that D learned of the assignment. How much may X collect from D?
* P2,000. The assignment is without knowledge of D, therefore the latter may set
up compensation of all credits prior to the same and also later ones until he had
knowledge of the assignment. (1285 par 3)
23. D owes C P50,000. Subsequently, D proposed to C that T will assume his (D’s) debt.
C accepted the proposal of D. On due date, T could not pay because of his insolvency
which was in fact existing but was not known to D or of public knowledge at the time that
he delegated his debt. Can C hold D liable?
*C cannot hold D liable because his (D’s) obligation was extinguished when he
was substituted by T. (1295)
24. D obliged himself to give 10 grams of shabu to C. Later, the parties agreed that D
would instead give to C 10 sacks of rice. Is the novation valid?
* Novation is void because the original obligation is void, therefore there is
nothing to novate. Hence, C cannot demand the delivery of 10 sacks of rice from D.
25. S sold his cabinet to B for P5,000. The parties gave their consent freely to the
contract before its perfection. After delivery of the cabinet to B and his payment of the
price to S, B was informed by N, his neighbour that B paid too much for the cabinet since
he (N), knew of a similar item that is sold for a lower amount. B now wants to set aside
the contract because he believed he got a bad bargain. Decide.
* B may not set aside the contract based on the principle of Mutuality of Contract.
26. A and B entered into a joint venture contract whereby B agreed to put up a
restaurant on the lot of A. N, A’s neighbour who owned a lot across A’s lot, learned of
the transaction between A and B. Anticipating that many customers would patronize the
restaurant, N decided to improve his vacant lot for parking. He incurred P20,000 for a
guardhouse and other improvements which he had not yet paid to his contractor. Later,
however, A and B mutually cancelled their earlier contract and entered into a new one
whereby B agreed to put up the restaurant on another lot belonging to A which was
located about 100 meters from the original area. N learned of the cancellation of the
contract and decided that he would sue A and B for damages he allegedly sustained by
reason threof. Decide.
* A is not entitled to sue A and B for the damages he sustained. This is not a
case of a stipulation pour autrui, where the parties in a contract deliberately conferred
upon a third person a favor or benefit. The benefit that would have been received by N
from the contract between A and B was only incidental and did not give him the right to
recover damages.
5
6. OBLIGATIONS & CONTRACTS ZPG & ASSOCIATES
27. D obtained a loan from C amounting to P200,000. To secure the loan, D mortgaged
his lot. C registered the mortgage with the Register of Deeds. Later, D sold the lot to X
who was not aware that the lot was mortgaged. On the due date of the loan, C
demanded payment but D could not pay. Accordingly, C decided to foreclose the
mortgage on the lot. X, however opposed the foreclosure claiming that he was not bound
by the mortgage since he was not a party thereto. Decide.
* X was bound by the mortgage. Subsequent purchaser is bound by the
mortgage registered in the Register of Deeds even if he is not aware of it. The contract
herein is one which creates real rights therefore third persons who come into possession
of the object of contract is bound thereby. (1312)
28. S sold his only horse to B for P30,000. The parties agreed that S shall deliver the
horse one week from the execution of their agreement. B, however, should pay the price
immediately and in certified check. In the place of S and B, it was the custom that
anyone selling a horse should place a horseshoe on its feet. Is the seller bound to place
a horseshoe on the horse?
* S is obliged to place a horseshoe on the horse because the observance of
custom or usage is a consequence of entering into a contract. (1315)
29. On June 1, S offered to sell a specific generator set to B for P300,000. B sent his
letter of acceptance to S on June 8. On June 10, however, S became insolvent. On June
12, S received the letter of acceptance. Was the contract perfected?
* The contract was not perfected because the insolvency of S occurred before he
came to learn of the acceptance of his offer. It is well settled rule that an offer becomes
ineffective upon the insolvency of either party before acceptance is conveyed. (1323)
30. P gave a special power of attorney to A to sell P’s house and lot for P2M. On May 7,
A, pursuant to the authority granted to him by P, offered to sell the house and lot to B at
the price of P2M. B accepted the offer on May 8 by sending a letter of acceptance to A
on such date, which letter of acceptance was received by A on May 10. On May 11, P
died before A could inform him of B’s acceptance. Was the contract perfected?
* The contract was perfected on May 10 when A received the letter of
acceptance. An offer made through an agent is accepted from the time acceptance is
communicated to him. (1322)
31. On May 1, S offered to sell his car for P500,000 to B who was interested in buying
the same. In his letter to B, S stated that he was giving B up to May 31 to decide
whether to buy the car or not. On May 25, S personally went to B to inform him that he
was no longer willing to sell the car unless the price was increased to P600,000 because
another buyer was interested in buying the car for the said amount of P600,000. May S
validly withdraw his offer?
*S may validly withdraw his offer to B and all that S needs to do is to inform B of
such withdrawal. Such withdrawal must be made before the lapse of the period of
acceptance, unless there is an option founded upon a consideration, as something paid
or promised. (1324)
32. B purchased 100 pieces of notebook from S at P41.95. When B reached home, he
discovered that the invoice showed a total amount due of P4,915 instead of P4,195. Is
the contract valid?
*The contract is valid. The mistake is a simple mistake of account and does not
render the consent of the parties vitiated. This shall only give rise to correction. Mistake
to vitiate consent must refer to the substance of the thing which is the object of the
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7. OBLIGATIONS & CONTRACTS ZPG & ASSOCIATES
contract or to a principal condition which moved the parties to enter into a contract
(1331) *The excess P720.00 should be returned by B.*
33. D has been for more than 10 years the personal physician of P, a sickly man of 70
years. D talked to P almost everyday in the course of giving medical service to P to
convince P to donate his lot to D since D told him that he was the only one who could
take care of him. Because of the persistence of D, P finally signed the deed of donation
of the lot in D’s favor with all the formalities required by law. Is the deed of donation
valid?
*The deed of donation is voidable on the ground of undue influence. (1337)
34. A, who knew that his ring was embellished with glass, told B that the embellishment
was emerald. B, who knew that his watch was gold-plated, told A that it was made of
pure gold. Believing that A’s ring was embellished with emerald and A, believing that B’s
watch was made of pure gold, then entered into a contract whereby they exchanged
their respective articles. A week later, B discovered that the ring was adorned only with
an ordinary glass. Can B ask for annulment of the contract?
* Neither party can ask for annulment since both are guilty of fraud. The contract
therefore is valid. In order that a contract may be considered voidable and be annulled
fraud must not be committed by both parties. (1344)
35. S and B entered into a contract where they made it appear that S was selling his lot
and building to B. The truth, however was that S was donating his lot and building to B.
What is the status of the contract?
* The contract is a relative simulated contract. Therefore the parties are bound by
the contract of donation, their true intention, since no third person is prejudiced and their
purpose is not contrary to law, moral, good customs, public order or public policy. (1346)
36. S and B orally entered into a contract whereby S sold his one-year production of
mangoes to B for P100,000. B gave a downpayment of P20,000 for which S issued a
receipt. What is the status of the contract between S and B?
* The contract is valid. Future things may be the object of contracts. (1347 par 1)
37. A died leaving properties estimated at P1M to his sons S and T. Subsequently, S
sold through a private instrument one-half of his inheritance to B for P300,000, although
his share was still to be delivered. What is the status of the contract?
*The contract is valid since the inheritance is an existing inheritance. (1347 par 2)
38. S sold his car to B for P100,000 so that he can have money to purchase shabu. B
knew nothing of the motive of S. Was the contract valid?
*The contract is valid because the illegal motive of S does not affect its validity.
Motive is different from the cause of the contract. (1351)
39. D and C entered into a contract wherein D agreed to give to C P50,000 within 30
days from the date of the execution of their agreement, which however does not state
the consideration received by D from C. What is the status of the contract?
*The contract is valid because the cause is presumed to exist and is lawful
unless the contrary is proved by the debtor. (1354)
40. G, the guardian of M, a minor sold the fish harvested from the fishpond of M for
P20,000. The fish, however had a value of P30,000. What is the status of the sale?
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8. OBLIGATIONS & CONTRACTS ZPG & ASSOCIATES
*The sale is rescissible because M suffered the minimum amount of lesion
required by law to make the contract rescissible. (1/4 x 30,000= 7,500, the lesion is
10,000). (1381 par 1)
41. D owes the following creditors: X, P50,000; Y, P60,000; and Z, P90,000. He has
assets valued at P400,000. Subsequently, D donated, among his assets, a parcel of
land valued at P250,000 to C. The donation and acceptance were made in a public
instrument. What is the status of the donation of the land made by D to C?
* The donation is rescissible. It is presumed to have been made in fraud of
creditors. The remaining value of the assets after donation would be insufficient to cover
the debts contracted by D before the donation. (1387 par 1)
42. C filed a complaint in court against D to collect a money debt amounting to
P500,000. After due hearing, the court rendered judgment in favor of C. Shortly after the
rendition of the judgment and before C has collected D’s debt, D sold a parcel of land to
X. Z, another creditor, learned of the sale made by D to X and now files an action to
rescind the sale. Who has a better right to rescind the sale of D to X?
*Both C and Z have a right to rescind the sale since the sale is presumed in fraud
of creditors having been made by the party against whom judgment has been rendered.
(1387 par 2
43. R, the representative of A, an absentee sold the corn with a value of P30,000 and
the palay with a value of P50,000, harvested from A’s agricultural farm for a total price of
P50,000. A, whose domicile was subsequently known, was informed of the sale made by
G. May A seek rescission?
*A may seek rescission of the total sale to recover the damages he suffered.
(1381 par 2)
44. S, 17 ½ years old sold his bicycle to B, 24, for P12,000. The price is payable in 12
monthly instalments. After reaching 18, S continued to collect the remaining six
installments until the price was paid in full. Can S annul the contract?
*S may no longer annul the contract. There was implied ratification when S upon
reaching the age of majority continued to collect the remaining instalments. (1393)
45. M, the manager of an electric company offered to by a one-square meter lot from S
for P400. M showed S his power of attorney executed by the electric company and duly
signed by the board of directors. M informed S that the lot would be the site of an electric
post which the electric company would erect. S agreed to the odder of M. M agreed to
come back the following day to give the company check for the purchase price as well
as the written contract. When M returned to the place of S, S refused to sign the contract
and accept the check. S told M that at any rate, M or the electric company could not
enforce the contract since it was not in writing. Is S correct?
*The contract must be in writing for it to be enforceable against S. This is a sale
of real property.
46. On June 1, 2005, B, a businessman, met by chance C, a building contractor at the
lobby of a hotel. Over a cup of coffee, B informed C that he would be needing the
services of C for the construction of a three-storey building that B was planning to put up
beginning August 1, 2006. B added that he would be paying C the amount of P4M for
the construction. C agreed to B’s proposal. In the meantime, B gave C a check for
P500,000 representing the downpayment on the contract price. Except for the table
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9. OBLIGATIONS & CONTRACTS ZPG & ASSOCIATES
napkin on which B made some sketches of the building, no written contract was signed
by the parties. On August 1, 2006, B called up C to inform him that the construction
would begin within the next two weeks. C told B that he would no longer want to proceed
with the contract and that he would be returning the downpayment. May B enforce the
contract?
*B may enforce the contract against C although there was no formal agreement
signed by the parties because C was deemed to have ratified the contract by his
acceptance of the downpayment.
47. D was checking out of a hotel when he found out that he had lost his wallet. Since he
had no money to pay his bills, he texted G, a businessman friend to help him. Upon
reading the text message, G texted M, the hotel manager, who knew G since G was a
frequent guest at the hotel whenever he visited the area. The text message read:
“Please let D leave. If he does not pay, I will be the one to pay.” No other information
was contained in the text message. Thereafter, D signed a promissory note in favor of
the hotel. Is the promise of G enforceable?
*If D cannot pay, M cannot enforce the promise of G since G’s promise is not the
writing required by law. (1403 2b)
48. S, insane, orally sold his radio to B, 17 years old for P400. When T, the mother of S
learned about the sale, she asked S to give to her the amount that he had received. S
obediently gave the amount of P400 which his mother used to buy their food. What is the
status of the contract?
*The contract is voidable because the mother of S is deemed to have ratified the
contract. (1407)
49. Francis promised to give P10,000 by way of support to Mitch, if Mitch agrees to live
with Francis as his wife without the benefit of marriage. Mitch because she truly loves
Francis accepted his promise. After 6 months, because Mitch was seen with Edgar, her
ex-boyfriend, Francis left their home and never came back. Can Mitch now still receive
the support promised by Francis?
*The contract between Francis and Mitch is illegal and constitutes an offense,
therefore it is void.
50. B, a law student informed O that he needed a bicycle which he would use in going to
and from San Beda College of Law-Alabang. O told B that he may get the bicycle in O’s
room. Was there a perfected contract?
* Yes. The contract is one of commodatum, where one party loaned something to
another. In this case, the bicycle was loaned by O to B.
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10. OBLIGATIONS & CONTRACTS ZPG & ASSOCIATES
napkin on which B made some sketches of the building, no written contract was signed
by the parties. On August 1, 2006, B called up C to inform him that the construction
would begin within the next two weeks. C told B that he would no longer want to proceed
with the contract and that he would be returning the downpayment. May B enforce the
contract?
*B may enforce the contract against C although there was no formal agreement
signed by the parties because C was deemed to have ratified the contract by his
acceptance of the downpayment.
47. D was checking out of a hotel when he found out that he had lost his wallet. Since he
had no money to pay his bills, he texted G, a businessman friend to help him. Upon
reading the text message, G texted M, the hotel manager, who knew G since G was a
frequent guest at the hotel whenever he visited the area. The text message read:
“Please let D leave. If he does not pay, I will be the one to pay.” No other information
was contained in the text message. Thereafter, D signed a promissory note in favor of
the hotel. Is the promise of G enforceable?
*If D cannot pay, M cannot enforce the promise of G since G’s promise is not the
writing required by law. (1403 2b)
48. S, insane, orally sold his radio to B, 17 years old for P400. When T, the mother of S
learned about the sale, she asked S to give to her the amount that he had received. S
obediently gave the amount of P400 which his mother used to buy their food. What is the
status of the contract?
*The contract is voidable because the mother of S is deemed to have ratified the
contract. (1407)
49. Francis promised to give P10,000 by way of support to Mitch, if Mitch agrees to live
with Francis as his wife without the benefit of marriage. Mitch because she truly loves
Francis accepted his promise. After 6 months, because Mitch was seen with Edgar, her
ex-boyfriend, Francis left their home and never came back. Can Mitch now still receive
the support promised by Francis?
*The contract between Francis and Mitch is illegal and constitutes an offense,
therefore it is void.
50. B, a law student informed O that he needed a bicycle which he would use in going to
and from San Beda College of Law-Alabang. O told B that he may get the bicycle in O’s
room. Was there a perfected contract?
* Yes. The contract is one of commodatum, where one party loaned something to
another. In this case, the bicycle was loaned by O to B.
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