Question
Instructions: Analyze each of the selected cases and make sure you have answered all the questions or issues in the case. Justify your answer by
Instructions: Analyze each of the selected cases and make sure you have answered all the questions or issues in the case. Justify your answer by citing the principles of Puerto Rican civil law.
The backyard of Angel's house is flooded with sewage every time the creek that runs along the back of the house overflows. On those occasions some of the waste also affects the yard and falls into the swimming pool of his neighbor Alma's house. Angel usually pays the gardener extra to pick up and clean the yard as well as the garden. Alma, used to bring her brother (who moved out of PR recently) to clean her pool and yard. As the scenario repeats itself this year, Angel decides to fix it permanently and hires a company to clean, clean up, replant the backyard garden and divert the creek so that the sewage cannot cause any more damage in the future. The company hired by Angel to divert the water from the creek includes Alma's backyard in the repair since it is part of the adjoining property, and also, they decide to clean Alma's backyard and swimming pool at once.
a. Is Angel obligated to pay for the pick-up, clean-up and repair services the company performed on Alma's property?
b. Does his position change if Angel tells the company to also do the work on Alma's property because he knows his brother cannot help her?
c. Has Alma benefited from the work that Angel had done to divert the waters in the future? Is she obligated to reimburse Angel for her share? If so, what kind of obligation is she applying in her recommendation?
d. If Alma does not want to reimburse Angel for the costs, can Angel sue Alma to recover the portion of the cost of the services that benefited her? Explain what Angel would use to justify her claim.
e. If the municipality sues Angel for having done water diversion work without authorization from the development and without permission from the municipality, is Angel liable? Could Alma be sued and be liable as well?
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