Question
1.Explain the Maceda law and its application by making your own example. 2.Brian is a vintage car enthusiast. He had always wanted Junel's car. When
1.Explain the Maceda law and its application by making your own example.
2.Brian is a vintage car enthusiast. He had always wanted Junel's car. When he got the chance, he bought the car from Junel for One Million Pesos. A deed of sale was issued to Brian as proof that he bought the car from Junel. A few weeks later, another person under the name of Joe went to Brian's house and demanded the return of the car. He (Joe) alleged that the car rightfully belongs to him due to a prior sale to him by Junel. Brian, afraid that he might get hurt then turned over the car to Joe. The next morning Brian went to Junel and demanded the return of his money and for damages claiming that Junel violated a warranty under the law on sales. Was there a violation of any warranty?
3.Erwin is a car racer. One day he went to TOYOTA BAGUIO and shopped for a car that he can use for his upcoming off-road rally car race. Junel, a customer representative then approached Erwin. Erwin asked Junel if the TOYOTA HI-ACE VAN (a family van) would be a good off-road rally race car. Junel then proudly told Erwin that the TOYOTA HI-ACE VAN is very much a race car and can be used in all outdoor racing scenarios. Because of this assurance, Erwin hurriedly paid for the car. On the day of the race and after running 10 kilometers on rocky, muddy, inclined terrain, the Hi-Ace Van broke down completely causing Erwin to lose the race. The next day he goes back to TOYOTA BAGUIO and demanded from Junel the return of his money. Junel argues that they cannot be made liable since the High Ace Van was completely working perfectly as a car when it was sold to Erwin. Is Junel correct? If Yes, why do you say so? If not, were there any breach of warranty?
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