Module 2 General Provisions (Week 2)

Exercise no. 2

1. A and B agreed to meet at the Manila Hotel at 7 p.m. on December 25, 2020. Is there a
contract between A and B? Explain.
 Contract is a meeting of minds between 2 persons whereby one binds himself. All
contracts are agreement but not all agreements are contract. An agreement can be
only become contract if the obligations can be enforced if recognize by law as
binding. So in this situation, A and B falls in the agreement but not in the contract
because it is not valid and enforceable which mean the contracting parties have the
same binding effect but not the obligation imposed by the law.(Art. 1318)
2. X and Y entered into a contract of sale wherein the former shall deliver to the latter ten
bottles of brandy. X delivered ten bottles but two of them were filled with brandy diluted
with black tea. Is X liable?
 According to article 1159 - Obligations arising from contracts have the force of law
between the contracting parties and should be complied with in a good faith. X is
liable for the mistake that he has done since they entered to a contract wherein X
agreed that he will deliver 10 brandy to Y. The compliance in good faith must be
done in this situation wherein the performance must be undertaken in accordance
with the stipulations of the contract.
3. W died alone. Z, a third person, shouldered the funeral expenses because W had no
known relatives. After W was buried, Y appeared and introduced himself as the brother
of W. Can Z ask reimbursement from Y?
 According to Art. 2142, quasi-contract is a juridical relation resulting from lawful,
voluntarily, and unilateral acts by virtue of which the parties become bound to each
other to the end that no one will be unjustly enriched or benefited at the expense of
another. In this scenario, in order to avoid the unjustly enrich and benefits of one to
another, Z has the right to ask for reimbursement from Y because of Z empathy and
virtue for W, who died.
4. During a big storm, A saved the dog of his neighbour B, who was not at home at that
time. After a week, B came home and was happy to see his dog alive and well. A asked
B to reimburse him of the expenses he incurred in taking care of his dog. Identify the
juridical tie, prestation, creditor and debtor.
 Juridical tie – The Dog
 Prestation – Quasi-contract
 Creditor - B
 Debtor – A