Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

1. William and Harry obliged themselves to deliver to Elizabeth a bullet-proof car on her birthday.

William and Harry agreed in front of Elizabeth to contribute the amount that will be used to buy
the car. However, Harry failed to give his contribution to the purchase price of the car, hence,
the car was not delivered to Elizabeth on her birthday.

a. What kind of obligation is involved in the problem?


This is a Real Obligation or obligation to give/deliver a determinate object.

b. What should Elizabeth do?


Elizabeth can file a particular performance action. Action for particular results shall be the
compensation of the obliger for the purpose of providing a certain object. Article 1165 of the
Civil Code states that "When what is to be delivered is a determinate thing, the creditor may,
in addition to the right imposed on him by Article 1170, require the debtor to make the
delivery." Civil Code Article 1170. “Those who in the performance of their obligations are guilty
of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are
liable for damages. (1101)”. In this case, the delivery of a bulletproof vehicle is the focus of the
duty. It is known to be a defining thing. Elizabeth, however, as the obliger, will force William
and Harry to deliver the vehicle.

You might also like