Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Instruction:Give a brief and concise answer to the following questions. 1.Luke bound himself to deliver to Erwin a Ford Ranger car 2021 model with engine

Instruction:Give a brief and concise answer to the following questions.

1.Luke bound himself to deliver to Erwin a Ford Ranger car 2021 model with engine no. 21023 and plate number AAF 1248 and LG TV set 35 inches 2021 model.He also binds himself to repair Erwin's aircon, which was damaged due to usage.Luke did none of these things.

a.May Luke be compelled by the court to deliver the Ford ranger car and the TV set?Why?

b.May Luke be compelled to repair Erwin's aircon?Why?

c.What relief may the court grant Erwin?Explain.

2. Leah is obliged to deliver her house located at Pagadian City if Perins, her lawyer, will be able to win the case filed by Leah against her neighbor. Pending the happening of the suspensive condition, answer the following questions on what is the effect if there is loss, or deterioration, or improvements if the condition is finally fulfilled. Each question is independent with one another.

a. The market value of the subject property at the end of 2020 is now 5 million as compare to the value of it when their agreement was established which is 4 Million. Who gets the benefit Why?

b. While Leah is baking some pastries at the kitchen, the oven accidentally explodes because she mistakenly set the oven at the maximum, thus the explosion caused damage to the kitchen in the amount of 100,000.00.Who will bear the deterioration? Why?

c. Assuming that the house is completely razed by fire as Leah forgot to unplug the charger of her cellphone that it overheat and eventually caused fire. Is Leah still bound to deliver the house? What is the remedy of Perins?Explain.

d. Pending the decision of the court on the case filed by Leah against her neighbor, she decided to improve the house by hiring an interior designer. She spends 1M for the interior improvement of the house. Who has a better right to the improvements?Why?

e. Assuming that the house is in a state where it cannot be used since it was heavily damaged by a flood that hits the place where the property is located, is Leah liable to Perins? Why?

f. Assuming that the house was partially damaged as Leah initiated a party and all of her friends came over to the house and had some fun, in fact, some of the furniture were broken as all of her friends including Leah, got drunk. Estimated damage amounted to P300,000.00. Is Leah to be held liable? What are the remedies of Perins?

g.A lightning occurred and it hits one of the glass windows of the house.Estimated damage is 50,000.00.Who bears the loss? Explain.

3. Deric is a bus driver of a bus company owned and operated by Kim.While driving recklessly, he killed Liza, a

pedestrian and Leah, a passenger in the bus he is driving. Answer briefly the

following questions.

a. What are the sources of the obligation of Deric and Kim to Liza? Explain.

b. What are the sources of the obligation of Deric and Kim to Leah? Explain.

4. Write True if the statement is correct, otherwise write FALSE, if the statement is incorrect.

a. An obligation to give a determinate thing subject to a suspensive condition

is demandable at once.

b.The creditor after having pursued the property in possession of the debtor to satisfy his claims may exercise all the rights and bring all the actions of the latter for the same purpose.In

addition, the creditor may exercise all the rights even though it is inherent in or personal to the debtor like the right to receive legal support.

c. A dragon fruit from a dragon fruit plantation is an example of a natural fruit.

d. In a positive personal obligation to do, if the obligation is poorly done, the creditor cannotask that it be undone at the debtor's expense.

e. A receipt acknowledging the payment of a later installment without reservation

as to the prior installments due, will not give rise to the presumption that the prior installment is already paid.

f. Impossible conditions annul the obligation which depends upon them.

g. The debtor , who knew that the debt is not yet due and demandable, has a right to recover what he has paid to the creditor before the arrival of the period agreed upon.

h." I will support you until you will get married. " is an example of an obligation subject to a suspensive condition.

i. Obligations may arise from delicts.

j. Real obligation is an obligation that requires the obligor to deliver the subject matter to the obligee.

5. What are the different acts or omissions of the obligor which will result in

the breach of the obligation for which he can be held liable for damages?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Contemporary Family Law

Authors: Douglas Abrams, Naomi Cahn, Catherine Ross, Linda McClain

5th Edition

1640205918, 978-1640205918

More Books

Students also viewed these Law questions