BUSINESS LAW

E Samantha brought her diamond ring to a jewelry shop for cleaning. The jewelry shop undertook to return the ring by December 1, 2020. When the said date arrived, the jewelry shop informed Samantha that the job was not yet finished. They asked her to return five days after. On December 6, 2020, Samantha went to the shop to claim the ring but she was informed that the same was stolen by a thief who entered the shop the night before. Samantha filed an action for damages against the jewelry shop which put up the defense of force majeure. Will the action prosper or not? Remedies of the Creditor: a. Principal Remedies 1. Specific Performance-remedy of requiring exact performance of a contract in the specific form in which it was made or according to the precise terms agreed upon. 2. Substitute Performance( see Art. 1156) 3. Equivalent Performance( see Art. 1168 and 1170) b. Subsidiary Performance 1. Subrogatory action or accion subrogatorya(art. 1 177)-the creditor will file a case in behalf of the debtor with respect to another obligation that is due to the debtor. This is a case against the debtor's debt. 2. Rescissory action or accion pauliana(arts. 1177 and 1831[3]-the creditor will impugn the acts of the debtor that is in fraud of creditors. This is a case against the transferee