Question
Hello tutors, I need help with my THE LAW ON OBLIGATION AND CONTRACTS assignment so I would really appreciate it if you can help me.
Hello tutors, I need help with my THE LAW ON OBLIGATION AND CONTRACTS assignment so I would really appreciate it if you can help me.
CASE:
Ken shared to Mara about his plan of putting up a milk-tea business. Mara offered to lend Ken P500,000 that she saved for her plan to migrate to Denmark. The plan got delayed, thus, she would have no immediate need of the money. Mara thought that by lending the money to Ken, she would be prevented from making mindless expenditures, at the same time, it would be a great help for Ken. She told Ken she would need the money back before 2018 ends so she can buy an airplane ticket by January 2019. In January 2019, Mara reminded Ken to return the money as agreed. Ken did not respond constraining Mara to file a collection case against him. In her complaint, Mara asked for an interest of six percent per annum on top of the principal amount of P500,000. Ken answered that the claim for interest from 2019 has no basis since Mara has not tendered a proper demand saying that a mere reminder is not sufficient. Mara countered that demand is not necessary as Ken perfectly knew she needed the money in January 2019. As between Ken and Mara, who is correct? Why?
This format is highly recommended for the case above
Categorical answer:
Legal basis:
Application on the given set of facts:
Brief conclusion:
This is a case from the Philippines, so you need the articles or provision from the country stated, kindly go here for the reference of the said provisions: (Article 1156 to Article 1206)
https://www.chanrobles.com/civilcodeofthephilippinesbook4.htm
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