02 Activity 2 – Business Law

Name: Jonel Angelo C. Vidanes

Case Analysis

Answer:

1. What is the nature of the thing that J has to deliver to A?

The nature of the thing that J has to deliver to A is cash or money arising from delay in deliberately
breaching the obligation. Under the Philippine Civil Code article 1156. an obligation is a juridical
necessity to give, to do or not to do. As the case of J, it is his obligation to give the money as
promised which creates a quasi-contract between him and A.

2. Is J liable to A? If yes, for how much?

Article 1156. "An obligation is a juridical necessity to give, to do, or not to do." In the case of J, it is
his responsibility to provide the money on time, which forms a quasi-contract between him and A. J
is obligated to pay A for an accumulated debt of P100,000, plus P50,000 in accrued interest, for a
total liability to A of P150,000.

3. What is/are the ground/s for his liability, if any? Why?

In this case, J failed to fulfill his obligation to A, which was to pay the monthly charge every month
when the bill arrived. J also used A's credit card to shop online on several occasions without A's
knowledge. And fled to Germany to avoid a clash with A. As a result of his deliberate evasion of
normal fulfillment of the obligation and breaching the obligation by failing to pay the monthly
amortization, J is liable for fraud, delay, and default. This clearly violates Civil Code article 1170.