Question
1. D owes C P1,000,000.00. D paid C P700,000.00, leaving a balance of P300,000.00. X, a classmate of D, and intending to surprise D, paid
1. D owes C P1,000,000.00. D paid C P700,000.00, leaving a balance of P300,000.00. X, a classmate of D, and intending to surprise D, paid C the sum of P1,000,000.00 thinking that D still owed C that amount.
How much can X recover from D? Explain.
2. D borrowed P100,000.00 from C in 2019. The debt is evidenced by a promissory note executed by D wherein he promised to pay "as soon as he has money or as soon as possible." C has made repeated demands upon D for payment, but up to now, no payment has been made.
Suppose that C will bring an action against D for payment of the debt, will the action prosper? Explain.
3. Three (3) persons executed a promissory note promising to pay their indebtedness to their common creditor within a stipulated period without declaring that they are liable solidarily.
Can one of them be compelled to pay the entire obligation? Explain.
4. By virtue of a compromise agreement, D became indebted to C for the amount of P250,000.00. An additional amount of P20,000.00 was provided as penalty in the agreement in case D fails to complete payment within 60 days. The latter failed to pay in spite several of repeated demands. Subsequently, C brought an action against D. the court sentenced defendant D to pay plaintiff C the amount of P250,000.00, with interest at legal rate from the date of the filing of the complaint until full payment.
Q: Is the decision correct? Reasons.
5. D owes C P20,000.00 which became due and payable last October 1, 2013. On that date, D offered C P10,000.00, the only money he then had, but C refused to accept the payment. B thereafter met X, C's 24-year old son, to whom he gave the P10,000.00, with the request that he turn the money to C. The money was stolen while in X possession.
Was C justified in refusing to accept the payment of D? Reasons. May C still recover the full amount of his debt of P20,000.00? Why?
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