University of San Jose-Recoletos

School of Law
Magallanes St., 6000 Cebu City

Law on Sales
(7013)

IN RE: Shopzada 11.11 Online Sale

PRELIMINARY FACTS:
Juan D. Tamad is a hardworking Filipino security guard. He lives at 89
Camansi St., Mambaling, Cebu City and he is currently assigned at Marina
Malls in Lapu-Lapu City.

On 03 Nov 2020, the security agency announced that all employees are
invited to attend the Annual Dress-Up Christmas Party on 30 Nov 2020
(Monday). All participants were encouraged to wear their best costume
and to showcase their creativity.

Mr. Tamad got excited and immediately rushed to the Shopzada to buy the
necessary attire. Fortunately, there is an upcoming Shopzada 11.11
online sale which offers great discounts to online shoppers. So, he took
advantage of the sale and added to cart the items he needed.

On 28 Nov 2020, all of Mr. Tamad’s online orders were delivered.

However, he was shocked by what he received. He refused to accept the
Hoodie Jacket. As for the Airpods Pro, he has no choice but to accept
since it was too late to verify the authenticity of the product.
 Item Mode of Payment Issue

Hoodie Jacket COD XXL does not fit to his M (actual)

(Attachment “A”) size

Airpods Pro Paid online Turned out to be fake when Power

(Attachment “B”) Mac store refused to acknowledge
the product for their AppleCare
Extended Warranty Service

ISSUES:
(A) Whether or not Shopzada, HaHaHa Online Store committed
breach in the contract of sale with Mr. Tamad.

(B) What are the available rights, remedies of Mr. Tamad?

(a)What is/are the liability/ies of Shopzada, HaHaHa Online Store

to Mr. Tamad.

(b)What is/are the responsibility/ies of Mr. Tamad, as a buyer,

before making the online purchase?

(C) Based on the problem presented, what are the respective rights
and obligations (if any) of the following parties:

(a)Shopzada towards HaHaHa Online Store

(b)Shopzada towards Juan D. Tamad
(c) HaHaHa Online Store towards Shopzada
(d)HaHaHa Online Store towards Juan D. Tamad
(e)Juan D. Tamad towards Shopzada
(f) Juan D. Tamad towards HaHaHa Online Store

INSTRUCTIONS:
1. Submission of Position Paper and Reply;
a. Write a position paper

i. Groups 1 & 4 - You will be the legal counsels for Juan D.

Tamad
ii. Group 2 & 5 - You will be the legal counsels for Shopzada
iii. Group 3 & 6 - You will be the legal counsels for HaHaHa
Online Store

b. Submission of position paper is on 09 Dec 2020 (Wednesday)

via GClassroom and to furnish a copy to:
i. ron@RMTPartners.net and
ii. the opposing counsels (secure the email address to be used
by the opposing party).

c. The position papers shall cover only those issues stated

accompanied by all supporting references.

d. Within five (5) days (or on or before 14 Dec 2020) from receipt
of the position paper of the adverse party, a REPLY may be
filed. The reply shall not allege and/or prove facts and any
cause or causes of action not referred to or included in the
position paper.

i. Submission of position paper will be via GClassroom and

to furnish a copy to:
1. ron@RMTPartners.net and
2. the opposing counsels (secure the email address to be
used by the opposing party).

e. Follow the Efficient Paper rule when making the Position Paper
and Reply.

f. Submit only one (1) PDF version. Any amendment to the

submission will not be accepted.
 g. No need to sign the document.

2. Take note on the following assumptions and preliminary

considerations:

a. Juan D. Tamad is a hardworking Filipino security guard. He

lives at 89 Camansi St., Mambaling, Cebu City, Philippines

b. HaHaHa Online Store is a business duly registered before the

DTI under Mr. Marvin D. Mangingilad, who is of legal age,
Taiwanese, married to a Filipina and having a residence at 11th
Flr., AppleOne-Equicom Tower, Mindanao Ave., Cebu Business
Park, 6000 Cebu City.

c. Shopzada, Inc. is a corporation duly organized, registered and

existing under and by virtue of the laws of the Republic of the
Philippines having a principal place of business at 14/F, E-Bloc
2 Bldg, W Geonzon St., 6000 Cebu City

d. Scooter Braun is of legal age, Single, Filipino citizen and the

duly elected President and legal representative of Shopzada,
Inc.

e. Consider that all other parties involved are Filipinos and

Philippine laws are applicable to them.

f. Properly cite all of your legal basis and supporting documents.

3. This is a group activity. As such, all members must cooperate and

contribute.

a. The grade for this activity will form part of the “Master Learning”
grade.
Attachment “A”
Attachment “B”