Polytechnic University of the Philippines

College of Business Administration

Department of Human Resource Management
A.Y 2020-2021

BAROT, JOHN PAUL CASTILLO December 1, 2020

BSBA-HRM 2-3N BUSINESS LAW

EXERCISE 1
Exercises: Situational questions. Every answer must be supported with a legal basis.
1. A requested B to help him in his assignment in a very difficult subject Calculus. However, for
no reason at all, B failed to assist A. Is there a valid obligation on the part of B that he can be made liable
for damages? (10 points)

2. A is under obligation to deliver to B a determinate horse named Sea Horse in January 1, 2020
at B’s house located along Teresa Street, Sta. Mesa, Manila.

In January 5, 2020, Sea Biscuit delivered a healthy baby horse which A planned to have it named
Sea Horse, Jr.

However, B is claiming that Sea Horse, Jr. belongs to him which A strongly opposed. Whose
contention is correct? (10 points)

3. A is obliged to deliver to B, a determinate car. What are the other obligations of A relative to
the car, if any? (10 points)

4. Who is liable if the subject of the obligation was totally destroyed by a fortuitous event? 10
points ART1165

5. A is obliged to construct B’s 3-storey house. However, A constructed only a 2-storey house
although with a roof deck. What are the corresponding rights and obligations of A and B? (10 points)

Answers:
1. There is no valid obligation on the part of B that he can be made liable for damages because in
the first place B did not accept the request of A, therefore, there is no juridical or legal tie between A and
B that binds or connect each other to the obligation. There is one missing in essential elements of an
obligation which is the juridical or legal tie. According to Article 1156, the obligation is constituted upon
the concurrence of the four essential elements which are the passive subject, active subject, object or
prestation, and juridical or legal tie.
2. 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. B has the right to have the Sea Horse Jr, because in the first place A is under obligation
to deliver to B a determinate horse named Sea Horse, but B has no real right because B does not become
the owner until the specific thing has been delivered to him. Thus, when there has been no delivery yet,
the proper action of the creditor is not one for recovery of possession and ownership but one for specific
performance or rescission of the obligation.

3. Other than just delivering the determinate car to B, A is also obliged to take
care of the car as per written in Article. 1163 which states that every person obliged to
give something is also obliged to take care of it with the proper diligence of a good
father of a family, unless the law or the stipulation of the parties requires another
standard of care.
4. The Obligor is liable if the subject of the obligation was totally destroyed by a
fortuitous event, based on Article 1170 which states that 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.
5. B has the right to demand the fulfillment of the obligation, because B did not
give A a consent to build a 2-storey house. Also, they have agreement that A is obliged
to construct B’s 3-storey building. Article 1244 states 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.