Question
Please answer each question by number: 1.) On August 26, 2022, Abe bought from Bob the latter's Suzuki Jimny with plate number TTH 5307 for
Please answer each question by number:
1.) On August 26, 2022, Abe bought from Bob the latter's Suzuki Jimny with plate number TTH 5307 for Php500,000.00. The arrangement was for Abe to pay Bob Php100,000 upon delivery of the said vehicle on August 26, 2022, to be followed by installments of Php33,333.40 whenever Abe has the means to pay, until the purchase price is fully paid. Whenever Bob demands payment of what was owed, Abe would always say he has no obligation yet because his obligation to pay is conditioned upon his acquisition of money, and incidentally, he is always out of money.
Is Abe's obligation to pay a valid obligation? If you were Bob, what remedy can you avail of, if any, to enforce Abe's obligation to pay? Explain your answer and cite your legal basis.
2.) Abe agreed to pay Carl and Dave his load of Php500,000.00 in 24 monthly amortizations and at no interest. It was agreed that Abe will wire his payments to Carl and Dave's joint account every 5th day of the month without need for demand.Suppose in problem number 2, Abe faithfully complied with paying the monthly amortizations to Carl and Dave. However, at the 12th month and the months that followed, Abe failed to pay Carl and Dave because of insolvency.
What is the effect of Abe's insolvency on his obligation to pay Carl and Dave? Explain your answer and cite your legal basis.
3.) Abe agreed to pay Carl and Dave his loan of Php500,000.00 in 24 monthly amortizations and at no interest. It was agreed that Abe will wire his payments to Carl and Dave's joint account every 5th day of the month without need for demand.Suppose in problem number 2, Abe faithfully complied with paying the monthly amortizations to Carl and Dave. However, at the 12th month and the months that followed, Abe failed to pay Carl and Dave because of insolvency.
After Abe failed to pay his 12th installment, may Carl and Dave avail of the remedy given in Article 1191 of the Civil Code? Explain your answer and cite your legal basis.
4.) On August 26, 2022, Abe bought from Bob the latter's Suzuki Jimny with plate number TTH 5307 for Php500,000.00. The arrangement was for Abe to pay Bob Php100,000 upon delivery of the said vehicle on August 26, 2022, to be followed by installments of Php33,333.40 whenever Abe has the means to pay, until the purchase price is fully paid. Whenever Bob demands payment of what was owed, Abe would always say he has no obligation yet because his obligation to pay is conditioned upon his acquisition of money, and incidentally, he is always out of money.
On September 25, 2022, typhoon Karding hit Metro Manila and immersed the Suzuki Jimny in flood waters. It was concluded that the Suzuki Jimny was totally destroyed by the flood. Abe tells Bob that his obligation to pay for the value of the vehicle is extinguished, because the Jimny, a specific thing, was lost in a fortuitous event. Is Abe correct? Explain your answer and cite your legal basis.
5.) Suppose in problem number 1, the parties have arranged that their rich friends Carl and Dave will finance the sale and pay Bob Php500,000.00 for the car. It was then orally agreed that after Carl and Dave pay Bob, Abe will pay Carl and Dave Php500,000.00 in 24 monthly amortizations and at no interest. It was agreed that Abe will wire his payments to Carl and Dave's joint account every 5th day of the month without need for demand.
Identify the (1) kind/s of Abe's obligation to pay Carl and Dave; (2) Abe's duties as a debtor of Carl and Dave; and (3) Carl and Dave's remedies as creditors of Abe. Cite your legal basis.
6.) Suppose in problem number 1, the parties have arranged that their rich friends Carl and Dave will finance the sale and pay Bob Php500,000.00 for the car. It was then orally agreed that after Carl and Dave pay Bob, Abe will pay Carl and Dave Php500,000.00 in 24 monthly amortizations and at no interest. It was agreed that Abe will wire his payments to Carl and Dave's joint account every 5th day of the month without need for demand.
Identify the (1) source of Carl and Dave's obligation to pay Bob; and (2) the extent of the liability of Carl and Dave in relation to their obligation to pay Bob. Cite your legal basis.
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