Mackay Vs Caswell (2014)

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Chavez Vs Gonzales, 32 SCRA 547

Under Article 1167 of the Civil Code, a person who is obliged to do something and fails to do it shall be
liable for the cost of executing the obligation in a proper manner. The cost of execution of the obligation
to repair a typewriter is the cost of the labor or service expended in the repair of the typewriter. In
addition, the obligor, under Article 1170 of the Code, is liable for the cost of the missing parts because in
his obligation to repair the typewriter he is bound to return the typewriter in the same condition it was
when he received it.

Tanguilig Vs CA, 266 SCRA 78 (1997)


Petitioner’s argument that private respondent was already in default in the payment of his outstanding
balance of P15,000.00 and hence should bear his own loss, is untenable. In reciprocal obligations,
neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner
with what is incumbent upon him. When the windmill failed to function properly it became incumbent
upon petitioner to institute the proper repairs in accordance with the guaranty stated in the contract.
Thus, respondent cannot be said to have incurred in delay; instead, it is petitioner who should bear the
expenses for the reconstruction of the windmill. Article 1167 of the Civil Code is explicit on this point
that if a person obliged to do something fails to do it, the same shall be executed at his cost.

Mackay Vs Caswell (2014)


For Owen’s failure to provide quality work, he is to reimburse the rectification costs the Caswells had
shouldered as the latter’s actual damages; the unpaid compensation Owen is claiming shall be set-off
from the Caswell’s monetary claims supported by receipts.

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