​

​ Name: NIÑA SHRINE A. PECASALES

​ BSA - 1st YEAR LEVEL
​ LAW ON OBLIGATIONS AND CONTRACTS
​ [ 2008 BA202_AEC123K-LPb]

CASE ANALYSIS #3
Answer the question based on what you have learned on a legal basis.

Facts:
You offered to sell your automobile to Wil for P100,000.00. After inspecting the automobile, Wil
offered to buy it for P80,000.00. This offer was accepted by you. The next day, you offered to deliver
the automobile, but Wil being short of funds, secured postponement of the delivery, promising to pay
the price “upon arrival of the steamer”. The steamer however never arrived because it was wrecked
by a typhoon and sank somewhere off the coast of Samar.

Question: Is there a perfected contract in this case? Why or why not?

Answer:
- This Case is under the “Consensuality of Contracts” whereby contracts are perfected through
consent or meeting two minds. And the case shows that it is a Real Contract since it is not
just about having consent (part of Art. 1315 Contracts are perfected by mere consent) and
Real Contracts are one of the exceptions in the general rule. It must be perfected by a
delivery that is the arrival of the steamer to Wil. It is part of the negotiation that Wil will pay
the price upon the arrival of the item due to his short of funds there is a postponement. I
conclude that there is no perfected contract in this case because the three (3) stages of
contracts haven’t done. There is no consummation or termination in this case, and even it
caused by a fortuitous event, it is still not an excuse to be perfected contracts since they
were not able to the obligations of both parties (delivery of the item and pay the promised
amount). The charges for the damages may be collected to the courier since it happened
upon the delivery.