Question
Explain and answer briefly the following questions 1. S sold to B a specific refrigerator which S agreed to deliver on not later than May
Explain and answer briefly the following questions
1. S sold to B a specific refrigerator which S agreed to deliver on not later than May 13, 2022. S did not deliver the refrigerator on the said date. a. Is S guilty of legal delay? b. If S sold to A the refrigerator on May 10, 2021. Can B recover the refrigerator from A? c. What legal remedy can B file against S? against B? 2. Despite warning from the police that an attempt to hijack a PAL Plane will be made in the following week , the airline did not take extra precautions, such as frisking of passengers, for fear of being accused of violating human rights. Two days later, an armed hijacker did attempt to hijack a PAL flight to Cebu. Although he was subdued by the other passengers, he managed to fire a shot which hit and killed a female passenger. The victim's parents sued the airline for breach of contract, and the airline raised the defense of force majeure. Is the airline liable or not? 3. On one occasion, Bea contracted Gerald to transport, for a fee, 100 sacks of rice from Manila to Tarlac. However, Gerald failed to deliver the cargo because its truck was hijacked when the driver stopped in Bulacan to visit his girlfriend, Julia. a. May Bea hold Gerald liable? b. May Gerald set up the defense of hijacking as a defense to defeat Bea's claim? 4. 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 damages? 5. In the same problem, has X the right to ask for indemnity from R ,the 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?
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