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Homework 1

List of Course Problems


Dela Rea, Kimmi F.

School of Electronics, Electrical and Computer Engineering


ECE70 / B11
Kdelarea32@yahoo.com

Problem 4
I. OBLIGATIONS S sold a parcel of land to B for P240,000 payable in
CHAPTER 1- General installments of P20,000 a year. The land was delivered to B
Provisions who obtained ownership thereof. After B had paid P200,000,

Problem 1 he could no longer continuing paying in view of financial


X saw at about one (1:00 p.m.) in the afternoon a reverses but he was willing to pay the balance of P40,000 if
child alone in a shopping mall. The child who strayed from Y, given more time. Thereupon, S sued for rescission under
his mother, was in tears and appeared very hungry. Out of Article 1191. If you were the judge, would you grant
pity, X took him to a restaurant to eat for which he spent P150. rescission?
Y did not give her consent to the good deed of X.
Furthermore, they were on their way home before the child got
lost. Is X entitled to be reimbursed by Y for the amount of CHAPTER 3, Section 2 – Obligations with a Period
P150?
Problem 4 Problem 2
D (debtor) borrowed P10,000 from C (creditor). On D binds himself to give P10,000 to C upon the death
the due date of loan, D could not pay C because he lost to a of the father of D. Is the obligation of D conditional or one
robber the P10,000 intended for C. In addition, he suffered with a period.
financial reverses, and he was short of cash even for his Problem 3
current family’s needs. Is D legally justified to refuse to pay D obtained a loan from C in the amount of P50,000,
C? payable on August 10. As security for his debt, D mortgaged
his car in favor of C. The car, however, was substantially
damaged without the fault of D. What rights, if any, does C
CHAPTER 2- Nature and Effect of Obligations have under the law? May C demand payment from D even
before August 10?
Problem 1
S (seller) sold to B (buyer) on July 5, a horse named
Silver to be delivered on July 20. However, on July 15, S sold CHAPTER 3, Section 3- Alternative Obligations
again and delivered the horse to T. Who has better right to
Silver? Problem 1
Problem 4 D (debtor) borrowed P10,000 from C (creditor). It
D (debtor) borrowed P20,000 from C (creditor) was agreed that D could pay P10,000 or deliver his piano on
payable after one (1) year? Is D liable to pay interest? August 22. On August 20, D informed C that the former
would deliver his piano. Can D still change his period
considering that he was given the right of choice?
Problem 2
Under a contract, X (obligor) promised to deliver to
Y (obligee) item one, or item two, or item three Y was given
the right of choice. What is the liability of X in case, through
his fault:
CHAPTER 3- Different Kinds of Obligations (a) Item two is lost or destroyed;
(b) All the item are lost or destroyed?
Problem 1
D (debtor) borrowed P20,000 from C (creditor)
payable on or before August 30. Before the arrival of the due CHAPTER 3, Section 4 – Joint and Solidary Obligations
date, C agreed to the promise of B to pay C if B wants. Can C
insist that B pay not later than August 30?
CHAPTER 4, Section 4 – Confusion or Merger of Rights
Problem 3
A owes B and C, solidary creditors, the sum of Problem 1
P20,000: A, B, and C are joinly liable to D in the amount of
(a) Can C condone the debt without the consent of B? P15,000. Subsequently, D assigned his credit to C in
(b) Can C assign his rights without the consent of B? consideration for goods sold by C to D. Give the effect of the
assignment.
CHAPTER 3, Section 5 – Divisible and Indivisible Problem 2
Obligations Assuming the obligation of A, B, and C is solidary,
distinguish the effect of the assignment from the first problem.
Problem 1
A and B bind themselves to pay C their loan of
P10,000 on a certain date. Is the obligation divisible or CHAPTER 4, Section 5 – Compensation
indivisible?
Problem 1
D borrowed P50,000 as character loan (no security)
CHAPTER 3, Section 6 – Obligations with a Penal Clause from a bank. Despite demands for payment after the loan fell
due, D did not pay the bank. D has a savings deposit of
Problem 1 P40,000 with the bank. Has the bank the right to apply the
X promises to deliver to Y a specific horse. Their deposit to the payment of D’s debt?
contract contains a penal clause that in case of non-fulfillment, Problem 2
X shall pay a penalty of P10,000. X wants to just pay that D owes C P10,000 payable on November 20. C owes
penalty instead of delivering the horse. Has Y the right to D P10,000 payable on October 20. Can compensation also
refuse to accept the penalty in lieu of the horse? take place although the debts are not payable on the same
Problem 2 date?
In the same problem, X was able to show that Y did
not suffer any damage by X’s violation of the obligation. Can
Y still enforce the penalty? CHAPTER 4, Section 6 – Novation

Problem 1
CHAPTER 4 – Extinguishment of Obligations T (third person) tells C (creditor) that T will pay the
debt of D (debtor). C agrees. Is D released from his obligation
Problem 1 to C?
D (debtor) owes C (creditor) P10,000 with G as Problem 2
guarantor. On the due date of the obligation, T, a third person, Suppose in the above problem, D proposed to C that
offered to pay the obligation of D. Can C legally refuse to T would substitute D as the new debtor to which C agreed. Is
accept the payment? How about an offer of payment from G? D still liable to C in case of insolvency of T?
Problem 2
M (maker) issued a promissory note for P10,000 in
favor of P (payee) who lost the note which was found by T II. CONTRACTS
who demands payment from M. M did not know that the note CHAPTER 1 – General Provisions
was lost by P. Is M justified in paying T?
Problem 1
A and B entered into a contract not specifically
CHAPTER 4, Section 2 – Loss of the Thing provided in the Civil Code. Is the contract valid and binding.
Problem 2
Due Problem 2 S (seller) and B (buyer) entered into a contract of
X obliges himself to deliver a specific thing to Y on a sale. It was agreed that the price shall be determined by T, a
certain date. The thing was lost by X without his fault and third person. Can S or B refuse to be bound by T’s
before he has incurred in delay. Does it mean that X is already determination of the price if he does not agree with the amount
exempt from liability? thereof?
Problem 3
Suppose in the preceding problem, the thing was lost
through the fault of Z, a third person. State the effect of the CHAPTER 2 – Essential Requisites of Contracts
loss as far as X, Y, and Z are concerned.
Problem 1
In a contract containing an option period, when is the Problem 2
offerer not allowed to withdraw his offer even before Suppose in the same example, S was intending to sell
acceptance by the offeree? When is the offerer allowed to his horse “Y”. Give the three (3) cases when he can ask for the
withdraw his offer even after acceptance? reformation of the contract.
Problem 5
Suppose in the same problem, what S sold to B,
hardware owner, are 500 bags of cement. S had every reason CHAPTER 5 – Interpretation of Contracts
to believe that the price of cement would go down. After two
weeks, it did go down. Has B the right to have the sale Problem 1
annulled? S sold to B his condominium unit “including all its
contents.” In the unit, there is an antique chair belonging to X
which X agreed to sell to S. Is the chair to be included in the
CHAPTER 2, Section 2 – Object of sale of the unit?
Problem 3
Contracts Problem 1 Suppose in the same problem, the professional fee
S sold to B for P100,000 a parcel of land belonging was agreed upon, but it is not clear from the written contract
to S located in his hometown without specifying its exact prepared by X upon the request of Y whether it should be the
location and area. Is the sale valid? fixed amount of P200,000 or 6% of the cost of construction.
Problem 2 How much is Y liable to pay?
S has several pigs. Under a contract of sale, S binds
himself to deliver a pig to a B for P30,000 if the pig has a
weight of at least 30 kilos. State the binding effect of the sale. CHAPTER 6 - Rescissible Contracts

Problem 1
CHAPTER 2, Section 3 – Cause of D owes C P100,000. Since D fails to pay, C
expressed its willingness to accept the car of D, with the same
Contracts Problem 2 value, more or less, in payment of his debt. D, in bad faith,
S sold to B a specific parcel of land for P500,000. B sold the car to X. Has C the right to ask for the rescission of
failed to pay. Has C the right to have the sale declared void by the sale?
the court on the ground of absence of cause for non-payment
of the price? CHAPTER 7 – Voidable Contracts
Problem 3
X grave P10,000 to Y who signed a receipt stating: Problem 2
“This is to acknowledge payment by X in the amount of In the same problem, suppose S, upon reaching the
P12,000.” X later complains that he received nothing from Y age of majority, decided to ratify or respect the contract. Has B
for the P10,000. Is Y bound to return the P10,000? the right to refuse the ratification and demand mutual
restitution of the property and the price?
CHAPTER 3, Form of Contracts
CHAPTER 8 – Unenforceable Contracts
Problem 1
S (seller) and B (buyer) entered into a contract of sale Problem 1
of a parcel of land. The sale is embodied only in a private I, an insane person, entered into a contract with M, a
document and not in a public instrument because it was not minor. What is the effect of ratification
acknowledge before a notary public as required by law. Is the (a) By either; and
sale valid? (b) By both, after becoming incapacitated?
Problem 2 Problem 3
In the same example, what rights, if any, are acquired S orally agreed to sell his piano for P7,000 to B who
by the contracting parties? made a partial payment of P1,000. Later, S denied there was
such a sale. Can B enforce the sale considering that the
CHAPTER 4 – Reformation of Instruments contract was oral and the price was more than P500?
Problem 1
S sold his horse “X” to B under a written contract of CHAPTER 9 – Void or Inexistent Contracts
sale. What B thought S was selling him is horse “Y”. Can S
ask for the reformation of the contract against the objection of Problem 2
B who is agreeable to the sale of horse “X”?
In consideration of P10,000 given bu X to Y, the
latter agreed to burn the house of Z. Later, X told refused. Is
X entitled to recover from Y?
Problem 2
M, a minor, bought a bicycle for P2,000 from N, who
is not a minor. Under the law, the contract is voidable because
M is incapacitated to give consent because of his minority.
Give the situation by reason of which M cannot recover the
P2,000 from N.

XYZ CASE
Assume you are Z, an ECE engineer. What will you
do, and why? Explain from both deontological and
teleological perspectives.

BAYANI CASE
Manuel Rizal and Bonifacio are both ECE engineers.
Rizal from MIT and Bonifacio from the other MIT. Bonifacio
also has an MBA from Ateneo. State the core ethics problem
then solve.

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