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Answer the following items. PROBLEM 1: X binds himself to construct a house for B. Among other things, it was stipulated that the house shall
Answer the following items. PROBLEM 1: X binds himself to construct a house for B. Among other things, it was stipulated that the house shall have 3 bedrooms, each of which to have an area of 5 meters by 4 meters and that the kitchen shall be painted all white. a. If X does not construct the house, what remedies are available to B? b. Suppose X constructed the house, but the size of the bedroom is not 5 meters by 4 meters, or the kitchen is not painted all white. What are the remedies available to B? PROBLEM 2: S sold his horse to B for Php 150,000.00. No date or condition was stipulated for the delivery of the horse. While still in the possession of S, the horse gave birth to a colt. a. Who has the right to the colt? b. What if the colt was born before the obligation to deliver the horse has arisen, and B has not yet paid the purchase price? Group Activity: 10 items x 3 points INSTRUCTIONS: 1. Find a partner. 2. For the first 10 minutes, Partner A will work on Problem Number 1, while Partner B will work on Problem Number 2. . In the next 10 minutes, each partner will share their answers with the other partner. W 4. Upload the answers for the two (2) problems in the eLMS dropbox. Problem 1: Mr. X entered into a contract of loan with Mr. amounting to Php 200,000.00 to be paid on December 15, 2025. When the said date arrived, Mr. X failed to pay. a. Is Mr. X already in legal delay? Explain your answer. b. On December 25, 2025, still no payment was made. Is Mr. X already in delay? Explain your answer. c. Can Mr. go to court to demand the fulfillment of the obligation? Explain your answer. On December 27, 2025, Mr. Y wrote a letter to Mr. X demanding the payment of Php 200,000.00, giving him five (5) days from receipt of the demand letter to settle the loan. However, after five (5) days, Mr. X still did not settle the loan. d. Is Mr. X already in delay? e. Can Mr. go to court to sue Mr. X to perform the obligation? Why or why not? Problem 2: S obliged himself to deliver to B a specific car on December 10, 2025. However, on December 10, 2025, S failed to deliver the car to B. a. Since a period has already been fixed for the delivery of the car, is S already in legal delay? Is already liable for damages? Explain your answer. b. Supposing that a demand is made by B upon S on December 15 and S still fails to deliver the car, is S already in delay? c. Whenis S considered to be in default? d. If an action for specific performance is filed by B on December 20, when must the payment for damages for the default commence? e. What are the effects of delay on the part of the debtor (mora solvendi)? Answer the following items. PROBLEM 1: Jlohn obliged himself to give Lezel a specific ring, cellular phone, or wristwatch. The right of choice belongs to John. Apply the rules in case of loss of things in alternative obligation when the right of choice belongs to the debtor. What should John do if the said ring, cellular phone and wristwatch are lost one after the other due to Jahn's fault? What is John's liability if all the things (ring, cellular phone and wristwatch) are lost due to a fortuitous event? If the ring was lost due to John's fault or through a fortuitous event, but the specific cellular phone or wristwatch still subsists, what is John's liability? Is he liable for damages? PROBLEM 2: John obliged himself to give Lezel a specific ring, cellular phone, or wristwatch. The right of choice belongs to Lezel. Pending the selection and communication, the following instances occurred: a. b. C. The specific ring was lost due to a fortuitous event; The specific ring was lost due to the fault of John, the debtor; The specific ring, specific cellular phone or a specific wristwatch were all lost due to the fault of John, the debtor; The specific ring, cellular phone or wristwatch were all lost due to a fortuitous event. Discuss the effects of each case by applying the rules in case of loss of things in alternative obligation when the right of choice belongs to the creditor. 1. 2. 3. What is John's obligation if the specific ring was lost due to a fortuitous event? If the specific ring was lost due to the fault of John, the debtor, what is John's obligation? If the specific ring, cellular phone or wristwatch were lost due to the fault of John, the debtor, what is John's obligation? Suppose the specific ring, cellular phone or wristwatch were all lost due to a fortuitous event. What is John's obligation? QuIZ Answer the following problems (8 items x 10 points): 1. 2. S sold to B a specific SUV which S agreed to deliver no later than July 31, 2024. 5 did not deliver the SUV on the said date. da. b. Is S guilty of legal delay and, therefore, liable for damages? Why or Why not? If demand is made upon S by B on August 5, 2024, and S fails to deliver the SUV, when is S considered to be in default? If an action for specific performance is filed by B on August 10, 2024, when does the payment of damages for the default commence? What is the effect of the absence of evidence as to such extrajudicial demand? S promised to deliver a female horse named Jane to B on January 28, 2025. Jane gave birth to a colt on January 25, 2025. d. What are 's obligations? b. Who has the right to the colt? Why? S obliged himself to deliver 50 bottles of wine to B of a particular brand. Subsequently, S delivered 50 bottles of wine, knowing they were of the cheaper variant. d. b. What kind of fraud was committed by S, and what is B's remedy? If B bought the 50 bottles of wine on the false representation of S that the wine is as represented by the labels, what kind of fraud was committed by S, and what is B's remedy
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