GE117 | Geodetic Engineering Laws, Obligations and Contracts, and Ethics

Yu, Lucille G. BSGE – IV Section: DE1

Caraga State University – Main Campus
Engr. Lorie Cris S. Asube

ASSIGNMENT NO. 2:
Situation when demand is not necessary to put debtor in delay
Give one situation example of the following statements when demand is not necessary to put
debtor in delay.

• When the obligation or law so provides

L, a consumer, and Y, a store owner, both agreed on their transaction upon L's full cash
payment dated August 1, 2021 at LG Appliance Store that Y will be delivering L's
purchase which was a brand-new LG refrigerator linear inverter with a model LG GR-
C422SGCN that can hold up to 15.1 cu. ft., since this specific unit should be pre-
ordered. The delivering process is guaranteed to not exceed 1 month after the payment
has been made so Y promised to deliver the said product on or before Sept. 1, 2021. As
of date, September 19, 2021, no refrigerator has arrived at L's residence, therefore, Y
failed to do his obligation and is automatically held liable to the promise he made to L,
his main obligation to supply the paid product so provides the notion for a legal delay
to materialize, since they both agreed on the time schedule stated above.

• When time is of the essence

F, a firework producer and seller, has been able to sign a contract with E, an event
organizer, in which the said contract stipulates that F should deliver the fireworks at E's
event place on time, that is on or before December 31, 2020 at 6pm in the evening,
since the fireworks were to be prepared as the main highlight of the event before the
New Year's Day Celebration, that is before 12 midnight on that same day. However,
January 1, 2021 came but no fireworks has been displayed due to F's failure to supply
the said fireworks that has resulted to E's event to be unsuccessful. Therefore, F is
automatically held liable for the delay since the fireworks were accustomed to be
utilized on the specified timeframe and the purpose of the event has been compromised.
• When demand would be useless

G, an online seller, has made a successful transaction with H, an accountant, in which

a brand-new Samsung Galaxy 21 phone is to be delivered by G's courier to H's home
office on or before H's eldest daughter's 18th birthday dated September 17, 2021.
However, as the debut party ended, H was not able to give her surprise gift for her
daughter due to the failure of G's courier. Upon checkup, G learned that the unit was
tagged as destroyed in one of his courier's sorting facility last September 15 and has
informed H of his predicament. Hence, it would be futile for H to establish delay and
G's courier is automatically held liable since they both know that that specific unit is
already damaged.

• When there is performance by a party in reciprocal obligations

S and R has established a reciprocal obligation in which S is obliged to supply R's

drilling company with the given survey return deliverables of a specified site location
for a new construction project requirement for S's client. In order to commence
construction, S must first establish building permits thru R's soil test results in virtue of
drilling boreholes. Upon S's compliance with the needed survey, R will now be able to
establish a field operation but failed to conduct soil testing due to lack of resources and
manpower. Therefore, R is automatically held liable and caused delay since S had
already done his part in that reciprocal obligation and R must requite S's effort to make
progress with the said construction project.