MATURAN, JAMAICA CLAIRE

ACC 216_0241
LAW ON OBLIGATIONS AND CONTRACTS

1. Debbie obliged herself to deliver to Christine a specific bag on

September 7, 2020. On the data agreed upon, Debbie brought another
bag to Christine.

a. Can Christine be compelled to receive bag brought by Debbie?

No, Christine is not compelled to receive the bag brought by Debbie

because she has the right to demand for the determinate thing to be
delivered since it is not the specific thing that they agreed upon on the
data. According to Article 1165, when what is to be delivered is a
determinate thing, the creditor, in addition to the right granted him by
Article 1170, may compel the debtor to make the delivery. This proves that
Christine is not forced to receive another bag brought by Debbie. Also, it is
stated in Article 1244, that the debtor of a thing cannot compel the creditor
to receive a different one, although the latter may be of the same value as,
or more valuable than that which is due. Therefore, she is not forced to
receive another bag that Debbie brought since it is not the specific thing
that Christine expected to receive and it’s is not the specific thing that was
agreed upon on data, whether it is as the same value, lesser or more
valuable than the determinate thing.

b. What are rights/remedies available to Christine due to the failure of

Debbie to comply with her obligation?

Christine can have the rights/ remedies due to the failure of Debbie to
comply her obligations such as the demand of delivery of the specific
thing, demand of damages for contravention of the tenor of the obligation
and also the right to rescind obligations due to the lack of fulfillment of the
other party. As what Article 1167 stated, if a person obliged to do
something fails to do it, the same shall be executed at his cost. In this
case, since Debbie failed to do what they agreed and unable to perform
the obligation, it means that the debtor has the liability to pay for the
loss/damages resulting from failure of the debtor.

2. What are included to be delivered in an obligation to deliver a specific

thing?

To deliver a specific thing, the things that should be included in an

obligation are the fruits of the thing should be included in delivery. According
to Article 1164, the creditor has a right to the fruits of the thing from the time
the obligation to deliver it arises. However, he shall acquire no real right over
it until the same has been delivered to him. The specific thing should also be
delivered and not any other things whether it has more, less or the same
value of the determinate thing Also, the accessions and accessories of the
 specific thing will be delivered as well even if it wasn’t stated. Based on Article
1166, the obligation to give a determinate thing includes that of delivering all
its accessions and accessories, even though they may not have been
mentioned.

3. Dennis sold his dog to Charlie for P 15,000.00. They agreed that
payment will be made by Charlie upon the delivery of the dog. Prior to
the delivery, the dog gave birth to a puppy.

a. Who is entitled to the puppy?

Dennis is entitled to the puppy since the dog gave birth prior to
the delivery. Article 1164 stated, that the creditor has a right to the
fruits of the thing from the time the obligation to deliver it arises.
However, he shall acquire no real right over it until the same has been
delivered to him. Therefore, Dennis is still the owner of the dog until the
delivery is made.

b. Supposed Charlie already paid P 15,000.00 to Dennis before the

dog gave birth to a puppy, would your answer be the same?
Explain.

No, if Charlie already paid, then it means that the debtor is no longer
the owner of the dog even if it gave birth prior to delivery. Charlie has
the right to have the fruits of the thing or the puppies since he already paid
for the dog before it gave birth.

4. Give the rules as to the liability of person for loss or damage resulting
from a fortuitous event.

As for the rules of the liability of a person when there is loss/ damage
due to fortuitous event, the debtor has no obligation to pay for the damage if it
happens on delivery time since it is the act of God or natural occurrences. As
what the general rule indicated that no one is liable for fortuitous events. It is
also stated in Article 1174 that except in cases expressly specified by the law,
or when it is otherwise declared by stipulation, or when the nature of the
obligation requires the assumption of risk, no person shall be responsible for
those events which could not be foreseen, or which, though foreseen, were
inevitable. However, if the debtor failed to comply the obligation such as fraud,
negligence, delay or contravention of tenor of the obligation and there is a
fortuitous event occurs, then the debtor has the liability to pay for the loss and
damages to the creditor that cause by the said fortuitous event, which serves
as the consequences in failure to meet the obligations.