Labing-isa, Julius Ceazar

BSBA MM 3-1P
Business Law
Lesson 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)
a. No. because there is a lack of legal tie/vinculum juris which binds both parties.
Therefore there is no obligation present (article 1156). The request of A is just a
unilateral decision and was not agreed upon by B, and such is not a valid source of
obligation. There is also no law, contract, quasi-contract, delict and / or quasi-delict
present. And so an obligation cannot arise (Article 1157)
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)
a. Sea Horse Jr. Does not belong to B because Sea Horse, which is owned by B. is not its
parent and the former is a separate entity thus is not under the ownership of B. Sea
Biscuit/ Sea Horse Jr. is not a frui9t nor an offspring of Sea Horse and is therefore not a
the possession of B, as it does not fall under Article 1166,
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)
a. A is obliged to take care of the car with the diligence of a good father of a family (Article
1163). A is also obliged to deliver the fruits from the time the obligation to deliver
arises. (Article 1164). Also A is obliged to deliver the accessions and accessories even
though they may not have been mentioned (Article 1166) Lastly if Ais guilty of fraud,
negligence or delay, and in any manner contravene the tenor he/she is liable for
damage (Article 1170)
4. Who is liable if the subject of the obligation was totally destroyed by a fortuitous event? 10
points
a. If either a determinate/ indeterminate thing is destroyed/lost without any fault but by a
fortuitous event no person shall be responsible for those event , Except however when
expressly specified by the law, when otherwise declared by stipulation or when the
nature of the obligation requires the assumption of risk, the oibligor/debtor would still
be liable even if the cause of the loss is fortuitous event of force majeure(Article 1174)
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)
a. A has the right to comply with the obligation and complete the construction of the
house. In case of noncompliance. The court of justice may be called upon the aggrieved
party B to enforce its fulfillment or in default therefore the economic value it represents
(Article 1170) However B may not punish Ain an extrajudicial manner legal actions must
be taken also B has the right to have the house completed by himself. Or by another at
the debtor’s expense (Article 1167)