Subject:LawCourse:LAW001

FORMAT ON THE ANSWER

A. LAW

B. the facts as stated in the problem in RELATION TO THE LAW CITED

C. ANSWER

Example:

A. Art. 1315. Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law.

B. In this case, the contract was perfected on January 2, 2021, precisely at the moment that Mr. Macho accepted Ms. Shrimp's offer and promised to buy the harvest. It was not perfected on January 1, 2021 because there was only an offer on that date which was not yet accepted. It was also not perfected on January 3, 2021 because perfection takes place by the concurrence of consent, not with the execution of a contract in writing.

C.Hence, the correct statement is letter B. The contract of sale between Ms Shrimp and Mr. Macho is perfected on January 2, 2021

Choose the correct statement and explain

Problem 1: Ms. Shrimp has a rice field covered by certificate of Title No. 1691. She offers to sell whatever may result or whatever may be harvested from the particular rice field to Mr. Macho in the amount of Php 400 on January 1, 2021. On January 2, 2021 Mr. Macho promises to buy the harvest for Php 1000 from Ms. Shrimp. On January 3, 2021 the parties reduced the contract in writing. On January 4, 2021, they have the contract notarized. Payment is demandable on January 8, 2021. Harvest is expected the latest on January 8, 2021.

On January 5, 2021 Ms. Shrimp offers to sell whatever may result or whatever may be harvested from the particular rice field for Php 400 to Mr. Gwapo. Mr. Gwapo signifies that he will decide within 2 days whether he accepts the offer or not and pays Ms. Shrimp Php 5.00 as consideration which was accepted by the latter. On January 6, 2021 Mr. Gwapo accepts the offer. The contract of sale was reduced in writing and signed by Ms. Shrimp and Mr. Gwapo on January 7, 2021. Payment is demandable on January 8, 2021. Harvest is expected the latest on January 8, 2021.

On January 8, 2021 the rice field yields 1000 sacks of rice. Fair market value of the rice as of that time is Php 1,000 per sack.\

16. Chose the correct statement: As between Ms. Shrimp and Mr. Gwapo if there was a typhoon which destroyed the field including everything which grows on it on January 6, 2021:

a. Ms. Shrimp could still demand for the full price

b. Ms. Shrimp could no longer demand for the price

c. Ms. Shrimp still demand for the price but with proportionate reduction as to what is destroyed.

d. Ms. Shrimp could no longer demand for the price for typhoon is a foreseen event hence not fortuitous.

17. Chose the correct statement: As between Ms. Shrimp and Mr. Gwapo if there was a typhoon which destroyed the field including everything which grows on it on January 6, 2021

a. Ms. Shrimp will still be liable for the rice for the rice is generic

b. Ms. Shrimp will still be liable for the rice for this is a case of double sale

c. Both a and b

d. Ms. Shrimp not liable to deliver the rice

18. Chose the correct statement: As between Mr. Macho and Mr. Gwapo on January 8, 2021

a. Mr. Macho has a better right to demand delivery for he entered the contract of sale first

b. Mr. Macho has a better right to demand delivery for he had the contract notarized

c. Mr. Gwapo has a better right to demand delivery for he entered the contract the latest which shows the last intention of the parties

d. Mr. Gwapo has a better right

NOTE: Please apply the additional information to subsequent numbers only.

Choose the correct statement

Problem II: On January 9, 2021 Ms. Shrimp the 1000 sacks of rice to Mr. Sedyoser at a price of Php 1,000 per sack. The rice is located at a warehouse owned by Ms. Shrimp in Panglao Bohol. Ms. Shrimp also has a store located at 123 st. Tagbilaran City, Bohol. Mr. Sedyoser lives in Cebu. The rice may be transported via a ship which is named M/V Lunoron. It has been customary that when parties buys rice from Bohol, the sellers is responsible for placing it at the carrier.

19. The place of delivery is at:

a. warehouse at Panglao Bohol

b. Store at Tagbilaran

c. M/V Lunoron

d. Cebu

To ship goods to Cebu, a bill of lading must be procured. Insurance for the goods shipped is optional but customary.

20. Ownership of the goods while in transit is:

a. dependent upon the bill of lading

b. Ms. Shrimp

c. Mr. Sedyoser

d. dependent upon the Bill of Exchange

22. The person who would bear the risk of loss is:

a. dependent upon the bill of lading

b. Ms. Shrimp

c. Mr. Sedyoser

d. dependent upon the Bill of Exchange

23. Ms. Shrimp transmits the goods on January 9, 2021 via M/V Lunoron. Ms. Shrimp did not insure the goods but informed Mr. Sedyoser of the optional insurance of goods, ownership of the goods while in transit is:

a. dependent upon the bill of lading

b. Ms. Shrimp

c. Mr. Sedyoser

d. dependent upon the Bill of Exchange

24. Ms. Shrimp transmits the goods on January 9, 2021 via M/V Lunoron placing the Bill of Lading under the name of Mr. Sedyoser. Ms. Shrimp did not insure the goods but informed Mr. Sedyoser of the optional insurance of goods. The right/s of Ms. Shrimp, when in transit, is if the situation warrants:

a. Right of lien

b. Right of retention

c. Right of Stopping the Goods in Transit

d. a, b and c

25. Ms. Shrimp transmits the goods on January 9, 2021 via M/V Lunoron placing the Bill of Lading under the name of Mr. Sedyoser. Ms. Shrimp did not insure the goods but informed Mr. Sedyoser of the optional insurance of goods. The goods were still not claimed by Mr. Sedyoser on January 10 2021 at the port of Cebu. In the present case if Ms. Shrimp is considered an unpaid seller but not for an unreasonable length of time:

a. She cannot resell the goods for ownership is transferred already to Mr. Sedyoser by virtue of the Bill of Lading

b. She has the right of resale for she is an unpaid seller as the goods are perishable in nature

c. She has the right of resale as she is an unpaid seller and the goods are fungible

d. she cannot resell the goods for although she is an unpaid seller for the goods are not perishable