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Exam Chapter 3, Sec 456
Exam Chapter 3, Sec 456
5. A and B jointly promised to deliver the Motorcycle with plate no. X-231
worth 100,000 to C on Feb. 14. On Feb. 14, B does not have the money to
comply their obligation to deliver, but A has 50,000 to comply his part of
the obligation. They cannot deliver the specific motorcycle due to that
situation. What will happen now to their obligation to C?
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Corp. is bound to give B 1 laptop in each day of delay. On the 30th day, A
Corp. was only able to deliver 20 units of laptop. On the 35th day A Corp.
was able to deliver the remaining balance of 10 units. B demanded A Corp.
that A Corp. still has deliverable 5 units laptop due to the 5 days delay on
the delivery. Is B’s demand of 5 units of laptop valid?
8. A owns a parcel of land in Maasin City with Lot No. 3251 having bought it
from his neighbor B. A immediately occupied and caused for the issuance
of the Original Certificate of Title of Lot No. 3251. A went to Mindanao for a
vacation and luckily found beautiful girl named C and married her. A
resided in Mindanao for around 35 years. When A came back to Maasin
City after 35 years, he found out that X is already cultivating Lot No. 3251.
Upon A’s demand, X raised the defense that he is already the owner of Lot
3251 because he was in open, public and continuous possession, in the
concept of an owner, of Lot 3251 for more than 30 years. Is the contention
of X valid?
9. D found out in the morning of January 1, 2011 that A’s house was erected
overnight in his lot. D demanded A to dismantle his house and vacate the
premises, but A did not heed and instead claims ownership of the land. D
was afraid that A may cause trouble so D did not insist. On February 24,
2012 D summoned A to the Barangay but they were not settled there. D
filed a case forcible entry case before the MTC. D’s case was dismissed
on the ground that his action has already prescribed. Was the dismissal
correct?
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