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PROBLEM: Roland, a basketball star, was under contract for one year

to play-for-play exclusively for Lady Love, Inc. However, even before


the basketball season could open, he was offered a more attractive pay
plus fringes benefits by Sweet Taste, Inc. Roland accepted the offer
and transferred Sweet Taste.
Lady Love sues Roland and Sweet Taste for breach of contract.
Defendants claim that the restriction to play or Lady Love alone is void,
hence, unenforceable, as it constitutes an undue interference with the
right of Roland to enter into contracts and the impairment of his
freedom to play and enjoy basketball. Is Roland liable? 
Answer:
Yes, for me Roland is liable under the contract as far as Lady Love is concerned.
He is liable for damages under Article 1170 of the Civil Code (Those who in the
performance of their obligations are guilty of fraud, negligence, or delay, and
those who in any manner contravene the tenor thereof, are liable for damages)
therefore since he contravened the tenor of his obligation and not being a
contracting party, Sweet Taste is not bound by the contract but it can be held
liable under Article 1314.The basis of its liability is not prescribed but if founded
1. Enumerate the other terms for solidary and joint obligation.

Answer:
*Passive/solidarity on the part of the debtor
 Example: A and B, solidary debtors, are indebted to X for P10,000.00. X can
demand payment of P10.000.00 from either A or B. If A pays X P10.000.00, the
obligation is extinguished. A can demand reimbursement of P5,000.00 from B
representing the latter’s share in the debt.
*Active/solidarity on the part of the creditor

2. What is the general rule if there is a concurrence of two or more debtors


and/or two or more creditors in one and the same obligation? Explain.
Answer:
The concurrence of two or more creditors or of two or more debtors in one and
the same obligation does not imply that each one of the former has a right to
demand, or that each one of the latter is bound to render, entire compliance with
the presentation. There is a solidary liability only when the obligation expressly
so states, or when the law or the nature of the obligation requires solidarity

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