Homework 1 List of Course Problems Dela Rea, Kimmi F. F. School of Electronics, Electronics, Electrical and Computer Engineering ECE70 / B11 Kdelarea32@ahoo!com Kdelarea32@ahoo!com
I. OBLIGAIO!" OBLIGAIO!" CHAP#R 1$ Ge%eral Pro&isio%s Problem 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 ery hungry. !ut of pity, X too" him to a restaurant to eat for which he spent #1$0. Y did not gie her consent to the good deed of X. %urthermore, they were on their way home before the child got lost. &s X entitled to be reimbursed by Y for the amount of #1$0' Problem ' (debtor) borrowed #10,000 from (creditor). !n the due date of loan, could not pay because he lost to a robber the #10,000 intended for . &n addition, he suffered financ financial ial reerse reerses, s, and he was short short of cash cash een een for his current family*s needs. &s legally +ustified to refuse to pay '
CHAP#R ($ !ature a%) #ffe*t of Obli+atio%s Problem 1 (seller) sold to - (buyer) on uly $, a horse named iler to be deliered on uly /0. oweer, on uly 1$, sold again and deliered the horse to T. ho has better right to iler' Problem ' (debto (debtor) r) borrow borrowed ed #/0,0 #/0,000 00 from from (cred (credito itor) r) payable after one (1) year' &s &s liable to pay pay interest'
CHAP#R $ Differe%t Ki%)s of Obli+atio%s Problem 1 (debto (debtor) r) borrow borrowed ed #/0,0 #/0,000 00 from from (cred (credito itor) r) payable on or before 2ugust 30. -efore the arrial of the due date, agreed to the promise of - to pay if - wants. an insist that - pay not later than 2ugust 2ugust 30'
Problem ' sold a parcel of land to - for #/40,000 payable in installments of #/0,000 a year. The land was deliered to who obtained ownership thereof. 2fter - had paid #/00,000,
he could no longer continuing paying in iew of financial reerses but he was willing to pay the balance of #40,000 if gien gien more more time. time. There Thereupo upon, n, sued sued for resci rescissi ssion on under under 2rti 2rticl clee 1151 1151.. &f you you were were the the +udg +udge, e, woul would d you you gran grantt rescission'
CHAP#R , "e*tio% ( - Obli+atio%s wit a Perio) Problem ( binds himself to gie #10,000 to upon the death of the father of . &s the obligation of conditional or one with a period. Problem obtained a loan from in the amount of #$0,000, payable on 2ugust 10. 2s security for his debt, mortgaged his car in faor of . The car, howeer, howeer, was substanti substantially ally damaged without the fault of . hat rights, if any, does hae under the law' 6ay demand payment from een before 2ugust 2ugust 10'
CHAP#R , "e*tio% $ Alter%ati&e Obli+atio%s Problem 1 (debtor) borrowed #10,000 from (creditor). &t was agreed that could pay #10,000 or delier his piano on 2ugust //. !n 2ugust /0, informed that the former would delier his piano. an still change his period considering that he was gien the right of choice' Problem ( 7nder a contract, X (obligor) promised to delier to Y (obligee) item one, or item two, or item three Y was gien the right of choice. hat is the liability of X in case, through his fault: (a) &tem &tem two is lost lost or or destroy destroyed8 ed8 (b) 2ll the the item item are lost lost or destroye destroyed' d'
CHAP#R CHAP#R , "e*tio% ' - /oi%t a%) "oli)ar0 Obli+atio%s
CHAP#R ', "e*tio% ' - Co%fusio% or 4er+er of Ri+ts Problem 2 owes - and , solidary creditors, the sum of #/0,000: (a) an condone the debt without the consent of -' (b) an assign his rights without the consent of -' CHAP#R , "e*tio% - Di&isible a%) I%)i&isible Obli+atio%s Problem 1 2 and - bind themseles to pay their loan of #10,000 on a certain date. &s the obligation diisible or indiisible'
CHAP#R , "e*tio% 2 - Obli+atio%s wit a Pe%al Clause Problem 1 X promises to delier to Y a specific horse. Their contract contains a penal clause that in case of non9fulfillment, X shall pay a penalty of #10,000. X wants to +ust pay that penalty instead of deliering the horse. as Y the right to refuse to accept the penalty in lieu of the horse' Problem ( &n the same problem, X was able to show that Y did not suffer any damage by X*s iolation of the obligation. an Y still enforce the penalty'
CHAP#R ' - #3ti%+uisme%t of Obli+atio%s Problem 1 (debtor) owes (creditor) #10,000 with as guarantor. !n the due date of the obligation, T, a third person, offered to pay the obligation of . an legally refuse to accept the payment' ow about an offer of payment from ' Problem ( 6 (ma"er) issued a promissory note for #10,000 in faor of # (payee) who lost the note which was found by T who demands payment from 6. 6 did not "now that the note was lost by #. &s 6 +ustified in paying T'
CHAP#R ', "e*tio% ( - Loss of te i%+ Due Problem ( X obliges himself to delier a specific thing to Y on a certain date. The thing was lost by X without his fault and before he has incurred in delay. oes it mean that X is already e;empt from liability' Problem uppose in the preceding problem, the thing was lost through the fault of <, a third person. tate the effect of the loss as far as X, Y, and < are concerned.
Problem 1 2, -, and are +oinly liable to in the amount of #1$,000. ubse=uently, assigned his credit to in consideration for goods sold by to . ie the effect of the assignment. Problem ( 2ssuming the obligation of 2, -, and is solidary, distinguish the effect of the assignment from the first problem.
CHAP#R ', "e*tio% - Com5e%satio% Problem 1 borrowed #$0,000 as character loan (no security) from a ban". espite demands for payment after the loan fell due, did not pay the ban". has a saings deposit of #40,000 with the ban". as the ban" the right to apply the deposit to the payment of *s debt' Problem ( owes #10,000 payable on >oember /0. owes #10,000 payable on !ctober /0. an compensation also ta"e place although the debts are not payable on the same date'
CHAP#R ', "e*tio% 2 - !o&atio% Problem 1 T (third person) tells (creditor) that T will pay the debt of (debtor). agrees. &s released from his obligation to ' Problem ( uppose in the aboe problem, proposed to that T would substitute as the new debtor to which agreed. &s still liable to in case of insolency of T'
II. CO!RAC" CHAP#R 1 - Ge%eral Pro&isio%s Problem 1 2 and - entered into a contract not specifically proided in the iil ode. &s the contract alid and binding. Problem ( (seller) and - (buyer) entered into a contract of sale. &t was agreed that the price shall be determined by T, a third person. an or - refuse to be bound by T*s determination of the price if he does not agree with the amount thereof'
CHAP#R ( - #sse%tial Re6uisites of Co%tra*ts Problem 1
&n a contract containing an option period, when is the offerer not allowed to withdraw his offer een before acceptance by the offeree' hen is the offerer allowed to withdraw his offer een after acceptance' Problem uppose in the same problem, what sold to -, hardware owner, are $00 bags of cement. had eery reason to beliee that the price of cement would go down. 2fter two wee"s, it did go down. as - the right to hae the sale annulled'
CHAP#R (, "e*tio% ( - Ob7e*t of Co%tra*ts Problem 1 sold to - for #100,000 a parcel of land belonging to located in his hometown without specifying its e;act location and area. &s the sale alid' Problem ( has seeral pigs. 7nder a contract of sale, binds himself to delier a pig to a - for #30,000 if the pig has a weight of at least 30 "ilos. tate the binding effect of the sale.
CHAP#R (, "e*tio% - Cause of Co%tra*ts Problem ( sold to - a specific parcel of land for #$00,000. failed to pay. as the right to hae the sale declared oid by the court on the ground of absence of cause for non9payment of the price' Problem X grae #10,000 to Y who signed a receipt stating: ?This is to ac"nowledge payment by X in the amount of #1/,000.@ X later complains that he receied nothing from Y for the #10,000. &s Y bound to return the #10,000'
Problem ( uppose in the same e;ample, was intending to sell his horse ?Y@. ie the three (3) cases when he can as" for the reformation of the contract.
CHAP#R - I%ter5retatio% of Co%tra*ts Problem 1 sold to - his condominium unit ?including all its contents.@ &n the unit, there is an anti=ue chair belonging to X which X agreed to sell to . &s the chair to be included in the sale of the unit' Problem uppose in the same problem, the professional fee was agreed upon, but it is not clear from the written contract prepared by X upon the re=uest of Y whether it should be the fi;ed amount of #/00,000 or AB of the cost of construction. ow much is Y liable to pay'
CHAP#R 2 $ Res*issible Co%tra*ts Problem 1 owes #100,000. ince fails to pay, e;pressed its willingness to accept the car of , with the same alue, more or less, in payment of his debt. , in bad faith, sold the car to X. as the right to as" for the rescission of the sale' CHAP#R 8 - 9oi)able Co%tra*ts Problem ( &n the same problem, suppose , upon reaching the age of ma+ority, decided to ratify or respect the contract. as the right to refuse the ratification and demand mutual restitution of the property and the price'
CHAP#R , Form of Co%tra*ts CHAP#R : - ;%e%for*eable Co%tra*ts Problem 1 (seller) and - (buyer) entered into a contract of sale of a parcel of land. The sale is embodied only in a priate document and not in a public instrument because it was not ac"nowledge before a notary public as re=uired by law. &s the sale alid' Problem ( &n the same e;ample, what rights, if any, are ac=uired by the contracting parties' CHAP#R ' - Reformatio% of I%strume%ts Problem 1 sold his horse ?X@ to - under a written contract of sale. hat - thought was selling him is horse ?Y@. an as" for the reformation of the contract against the ob+ection of - who is agreeable to the sale of horse ?X@'
Problem 1 &, an insane person, entered into a contract with 6, a minor. hat is the effect of ratification (a) -y either8 and (b) -y both, after becoming incapacitated' Problem orally agreed to sell his piano for #C,000 to - who made a partial payment of #1,000. Dater, denied there was such a sale. an - enforce the sale considering that the contract was oral and the price was more than #$00'
CHAP#R < - 9oi) or I%e3iste%t Co%tra*ts Problem (
&n consideration of #10,000 gien bu X to Y, the latter agreed to burn the house of <. Dater, X told refused. &s X entitled to recoer from Y' Problem ( 6, a minor, bought a bicycle for #/,000 from >, who is not a minor. 7nder the law, the contract is oidable because 6 is incapacitated to gie consent because of his minority. ie the situation by reason of which 6 cannot recoer the #/,000 from >.
=>? CA"# 2ssume you are <, an EE engineer. hat will you do, and why' E;plain from both deontological and teleological perspecties.
BA>A!I CA"# 6anuel FiGal and -onifacio are both EE engineers. FiGal from 6&T and -onifacio from the other 6&T. -onifacio also has an 6-2 from 2teneo. tate the core ethics problem then sole.
