December 3, 2017 | Author: Migz Borlongan | Category: Debt, Loans, Debtor, Payments, Consideration
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Homework 1...


Homework No. 1 Sapalaran, Ma. Carmela P ECE70/A11 [email protected]

TITLE I CHAPTER 1 1. X saw at about one (1:00p.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 spent 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. 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? 3. In the same problem, has X the right to ask indemnity from R, employer of X, on the ground that when the accident occurred X was then on his way to transact business with a client of R? 4. D (debtor) borrowed P10,000 from C (creditor). On the due date of the loan, D counld 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? CHAPTER 2 1. 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? 2. S sold to B a 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? 3. S 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? b) Who has a 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? 4. D (debtor) borrowed P20,000 from C (creditor) payable after one (1) year? Is D liable to pay interest? 5. R (lessor) issued a receipt that E (lessee) has paid the rent for the months of March, 2008. Can R still collect from E the rents for January and February, 2008? CHAPTER 3

Section 1. 1. D (debtor) borrowed P20,000 from C (creditor) payable on or before August 30. Before the arrival of the due date, C agreed to the promise of B to pay C if B wants. Can C insist that B pay not later than August 30? 2. Suppose in the same problem, D obliges himself to pay C P10,000 after C has paid his obligation to T. Is the obligation valid? 3. S (seller) agreed to sell B (buyer) a specific car for P200,000, delivery of the car and the payment of the price to be made on June 15. Suppose S delivered the car on June 15 but B failed to pay the price, what are the remedies of S? 4. S sold a parcel of land to B for P240,000 payable in installments of P20,000 a year. The land was delivered to B who obtained ownership thereof. After B had paid P200,000, he could no longer continuing paying in view of financial reverses but he was willing to pay the balance of P40,000 if given more time. Thereupon, S sued for rescission under Article 1191. If you were the judge, would you grant rescission? 5. D (debtor) binds himself to pay C (creditor) a sum of money. Give the three cases when the obligation of D is demandable at once by C? Section 2. 1. D (debtor) borrowed P10,000 from C (creditor) at 15% interest per annum payable on December 31. Can D

require C to accept payment before December 31? 2. D binds himself to give P10,000 to C upon the death of the father of D. Is the obligation of D conditional or one with a period. 3. D obtained a loan from C in the amount of P50,000, payable on August 10. As security for his debt, D mortgaged his car in favor of C. The car, however, was substantially damaged without the fault of D. What rights, if any, does C have under the law? May C demand payment from D even before August 10? Section 3. 1. D (debtor) borrowed P10,000 from C (creditor). It was agreed that D could pay P10,000 or deliver his piano on August 22. On August 20, D informed C that the former would deliver his piano. Can D still change his period considering that he was given the right of choice? 2. Under a contract, X (obligor) promised to deliver to Y (obligee) item one, or item two, or item three. Y was given the right of choice. What is the liability of X in case, through his fault: (a) Item two is lost or destroyed; (b) All the items are lost or destroyed? 3. S (seller) sold his TV set to B (buyer) who gave S the option to deliver instead of his refrigerator. Is S liable to B in case the TV is lost through S’s fault? Section 4.

1. X, Y, and Z bind themselves to pay W P30,000. Only X received the money as per agreement between X, Y, and Z. On the due date of the obligation, has W the right to demand the full payment of P30,000 from Z alone? 2. X, Y, and Z promised to pay W solidarily P30,000 on or before September 10 without need of demand. On September 9, X paid the whole P30,000 to W. (a) How much can X collect from Y and Z? (b) May X collect interest from Y and Z? (c) Suppose Z turns out to be insolvent, how much can X collect from Y? 3. A owes B and C, solidary creditors, the sum of P20,000: (a) Can C condone the debt without the consent of B? (b) Can C assign his rights without the consent of B? 4. A, B, and C are solidarily liable to D. For their failure to pay, D filed a complaint in court but only against C. Has C the right to demand that A and B be also included as party defendants? 5. A, B, and C, co- owners, sold a printing equipment to D. They solidarily bound themselves to deliver the equipment on a certain date. Through the fault of C, the equipment was completely destroyed. Give the rights and obligations of the parties. Section 5.

1. A and B bind themselves to pay C their loan of P10,000 on a certain date. Is the obligation divisible or indivisible? 2. A, B, and C oblige themselves jointly to deliver to D a particular horse on a certain date. The agreement among A, B, and C which was made known to D is that they will contribute the amount in buying the horse. The horse was not delivered on the due date because of the failure of B to give his share of the purchase price. State the rights and obligations of the parties. 3. D finds himself to pay his loans of P10,000 in four equal monthly installments. Is the obligation of D divisible or indivisible? Section 6. 1. X promises to deliver to Y a specific horse. Their contract contains a penal clause that in case of nonfulfillment, X shall pay a penalty of P10,000. X wants to just pay that penalty instead of delivering the horse. Has Y the right to refuse to accept the penalty in lieu of the horse? 2. In the same problem, X was able to show that Y did not suffer any damage by X’s violation of his obligation. Can Y still enforce the penalty? 3. In the same problem, suppose X was guilty of negligence in the fulfillment of his obligation. Is X liable for damages in addition to the penalty?

CHAPTER 4 Section 1. 1. D (debtor) owes C (creditor) P10,000 with G as guarantor. On the due date of the obligation, T, a third person, offered to pay the obligation D. Can C legally refuse to accept the payment? How about an offer of payment from G? 2. M (maker) issued a promissory note for P10,000 in favor of P (payee) who lost the note which was found by T who demands payment from M. M did not know that the note was lost by P. Is M justified in paying T? 3. D owes C P10,000 which was paid by T who demands reimbursement from D. (a) When is D liable to T? (b) When is D not liable to T? (c) When is D liable for less than P10,000 to T? (d) May D be liable to T for P12,000 if that was the amount paid by him to C? 4. D owes C P10,000. Without the knowledge of C, D in good faith paid to T his obligation to C. Is D required by law to prove that the payment has been received by C in order to be released from liability? 5. D owes C P10,000 in payment for which C accepts a check from D. On the ground that a check is not legal tender, C later insists that D pay him in cash. Is D justified in rejecting this demand of C? Section 2.

1. X obliged himself to deliver to Y a specific carabao to Y on July 31. The carabao died on July 25. Y has no proof that X was negligent. Is X liable to Y? 2. X obliges himself to deliver 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. Does it mean that X is already exempt from liability? 3. Suppose in the preceding problem, the thing was lost through the fault of Z, a third person. State the effect of the loss as far as X, Y, and Z are concerned. Section 3. 1. D (debtor) borrowed money from C (creditor) evidenced by a promissory note signed by D. (a) What presumption arises if: 1) The promissory note is voluntarily given by C to D? 2) It is found in the possession of D? (b) When will the presumption of remission arise? 2. Suppose in the same problem, the debt of D, aside from being guaranteed by G, is secured by a pledge of a certificate of shares of stock delivered by D to C. what presumption arises if: (a) the debt of D is condoned by C? (b) the certificate is later found in the possession of D? Section 4. 1. A, B, and C are jointly liable to D in the amount of P15,000. Subsequently, D assigned his credit

to C in consideration for goods sold by C to D. Give the effect of the assignment. 2. Assuming the obligation of A, B, and C is solidary, distinguish the effect of the assignment from the first problem. Section 5. 1. D borrowed P50,000 as character loan (no security) from a bank. Despite demands for payment after the loan fell due, D did not pay the bank. D has a savings deposit of P40,000 with the bank. Has the bank the right to apply the deposit to the payment of D’s debt? 2. D owes C P10,000 payable on November 20. C owes D P10,000 payable on October 20. Can compensation also take place although the debts are not payable on the same date? 3. Illustrate compensation which can be set up only by one of the parties. 4. After contracting a debt in the amount of P10,000 in favor of C, D succeeded through fraudulent means to make C liable to him in the same amount. Assuming that both obligations are now due, may the two debts be compensated against each other? What is the effect if the debt of C is later annulled in court at the instance of D? Section 6. 1. T (third person) tells C (creditor) that T will pay the debt of D (debtor). C agrees. Is D released from his obligation to C?

2. Suppose in the above problem, D proposed to C that T would substitute D as the new debtor to which C agreed. Is D still liable to C in case of insolvency of T? 3. T paid C the debt of D without objection from the latter. What are the rights of T> 4. Illustrate a mixed novation. . Title II Chapter 1 1.

A and B entered into a contract

not specifically provided in the Civil Code. Is the contract valid and binding? 2.

S (seller) and B (buyer) entered

into a contract of sale. It was agreed that the price shall be determined by T, a third person. Can S or B refuse to be bound by T’s determination of the price if he does not agree with the amount thereof? 3.

D owes C P20,000. Both are

house painters. It was agreed that D instead of paying C, will paint the house of E to which E expressed his conformity to C whose service as painter was previously contracted by E. Has B the right to enforce the stipulation between C and D? 4.

X made an office desk for Y. X

told Y that the latter may pay whatever amount he would like to pay for it. When the desk was finished Y offered to pay P2,000 but X instead demanded P3,000, its fair value. Is X entitled to P3,000?

Chapter 2 Section 1 Problems 1.

In a contract containing an


parcel of land belonging to S located in his hometown without specifying its exact location and area. Is the sale valid?

option period, when is the offerer not allowed to withdraw his offer even before acceptance by the offeree? When is the offerer allowed to withdraw his offer even after acceptance? 2.

S sold his house to B believing

that B was C. Can S legally withdraw from the contract on the ground of mistake? 3.

S agreed to deliver to B 500

cavans of rice at P600 per cavan. S delivered only P490 cavans deliberately misrepresenting that the delivery consisted of 500 cavans. Can B

S sold to B for P100,000 a


S has several pigs. Under a

contract of sale, S binds himself to deliver a pig to a B for P3,000 if the pig has a weight of at least 30 kilos. State the binding effect of the sale. Section 3 Problems 1.

S sold his fishing boat to B who

intends to use the boat for smuggling. Is the contract of sale illegal? 2.

S sold to B a specific parcel of

ask the court to annul the contract on the ground

land for P500,000. B failed to pay. Has C the

of fraud?

right to have the sale declared void by the court


S sold to B a commercial land

for P1,000,000. S assured B that it is certain that in two years time, the land would increase in

on the ground of absence of cause for nonpayment of the price? 3.

X gave P10,000 to Y who

market value by 50% or P1,500,000. It turned

signed a receipt stating: “This is to acknowledge

out that the market value of the land even

payment by X in the amount of P12,000.” X

decreased to about P800,000. Is S liable to B for

later complains that he received nothing from Y


for the P10,000. Is Y bound to return the


Suppose in the same problem,

what S sold to B, hardware owner, are 500 bags

P10,000? 4.

S sold to B hi car worth

of cement. S had every reason to believe that the

P250,000 for only P200,000. There is no

price of cement would go down. After two

question that the purchase price is grossly

weeks, it did go down. Has B the right to have

inadequate. Has S the right to have the sale

the sale annulled?


Section 2 Problems

Chapter 3


S (seller) and B (buyer) entered


Suppose in the same problem,

into a contract of sale of a parcel of land. The

the professional fee was agreed upon, but it is

sale is embodied only in a private document and

not clear from the written contract prepared by

not in a public instrument because it was not

X upon the request of Y whether it should be the

acknowledged before a notary public as required

fixed amount of P200,000 or 6% of the cost of

by law. Is the sale valid?

construction. How much is Y liable to pay?


In the same example, what

rights, if any, are acquired by the contracting

Chapter 6

parties? 1.

Chapter 4 1.

D owes C P100,000. Since D

fails to pay, C expressed its willingness to accept

S sold his horse “X” to B under

the car of D, with the same value, more or less,

a written contract of sale. What B thought S was

in payment of his debt. D, in bad faith, sold the

selling him is horse “Y”. Can S ask for the

car to X. Has C the right to ask for the rescission

reformation of the contract against the objection

of the sale?

of B who is agreeable to the sale of horse “X”? 2.


F, guardian of M (minor), sold

Suppose in the same example, S

to B a property of M with a market value of

was intending to sell his horse “Y.” Give the

P50,000 for only P37,000, or a difference of

three (3) cases when he can ask for the

more than ¼ (P12,500) of the value. If the

reformation of the contract.

rescission of the sale is demanded, what possible defense under the law can B present to avoid

Chapter 5 1.


S sold to B his condominium

Chapter 7

unit “including all its contents.” In the unit, there is an antique chair belonging to X which X


S, a minor, sold a property to B.

agreed to sell to S. Is the chair to be included in

Later, the sale is annulled on the ground of the

the sale of the unit?

minority of S. Is S bound to return the price






supervised the construction of the house of Y.

received by him? 2.

In the same problem, suppose S,

The parties failed to agree beforehand the

upon reaching the age of majority, decided to

professional fee of X. how much is Y bound to

ratify or respect the contract. Has B the right to

pay X?

refuse the ratification and demand mutual restitution of the property and the price?


Again, in the same problem,

parcel of land. S brought action in court to

suppose the sale was annulled by the court, what

recover the land only after 20 years. Is it correct

are the rights of the parties if the property was

for the court to dismiss the action because of the

lost or destroyed?

long lapse of time?


Without the fault of B?



Through the fault of B? Chapter 8


In consideration of P10,000

given by X to Y, the latter agreed to burn the house of Z. Later, X told Y to forget the agreement and to return the money. Y refused. Is

I, an insane person, entered into

contract with M, a minor. What is the effect of ratification

X entitled to recover from Y? 3.

W (woman) agreed to stay in

the house of M (man) as the latter’s live-in


By either; and



partner for one year in consideration of the latter’s promise to pay her P100,000 after said




incapacitated? 2.

period. W compiled with her part of the agreement but M reneged on his promise. Is W

D (debtor) owes C (creditor)

entitled to recover from M?

P10,000. T (third person) orally promised to

Title III

assume the obligation of D. Can the promise of T be proved by the testimony of a witness who was present when T made the same?


C (creditor) sued D (debtor) for

nonpayment of the latter’s obligation. D won the case on a technicality (i.e., not on the merits).


S orally agreed to sell his piano

for P7,000 to B who made a partial payment of P1,000. Later, S denied there was such a sale. Can B enforce the sale considering that the contract was oral and the price was more than

Nevertheless, when C asked payment again, D paid him. Now, D demands the return of what he has paid claiming, he should not have paid C since he had no more obligation to C under the law. Decide.

P500? 2.

M, a minor, bought a bicycle for

P2,000 from N, who is not a minor. Under the Chapter 9 1.

S (seller) and B (buyer) entered

an absolutely simulated contract of sale of a

law, the contract is voidable because M is incapacitated to give consent because of his minority. Give the situation by reason of which M cannot recover the P2,000 from N.

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