Louise Keneth Acuavera

BSBA 401 OBLICON

1. S sold to B a specific SUV which S agreed to deliver no later than July 31, 2024. S did not deliver the
SUV on the said date.

a. Is S guilty of legal delay and, therefore, liable for damages? Why or Why not?

If the agreement between S and B explicitly states that the SUV must be delivered in July 31, 2024, then S
could be considered in breach of contract for failing to meet this deadline.

b. If demand is made upon S by B on August 5, 2024, and S fails to deliver the SUV, when is S
considered to be in default?

Yes, S would be considered in default if demand is made upon S by B on August 5, 2024, and S fails to
deliver the SUV.

c. If an action for specific performance is filed by B on August 10, 2024, when does the payment of
damages for the default commence?

If an action for specific performance is filed by B on August 10, 2024, the payment of damages for the
default would commence from the date of breach

d. What is the effect of the absence of evidence as to such extrajudicial demand?

In the absence of evidence of extrajudicial demand, it may be presumed that the demand was not made,
especially if the demand is a requirement for triggering certain legal consequences, such as declaring the
breaching party in default. Without proof of demand, it may be challenging for the non-breaching party
to establish that the breaching party failed to fulfill their obligations under the contract.
2. S promised to deliver a female horse named Jane to B on January 28, 2025. Jane gave birth to a colt on
January 25, 2025.

a. What are S's obligations?

Depending on the agreement and B's preferences, S may need to discuss options regarding the colt. This
could include arrangements for the colt's care, sale, or inclusion as part of the transaction. If the
agreement explicitly stated that only Jane was being sold, S and B may need to negotiate separate terms
for the colt.

b. Who has the right to the colt? Why?

If the agreement between S and B specifically addressed the ownership of any offspring born to Jane
after the sale, then the terms of the agreement would dictate who has the right to the colt. If the
agreement did not address this issue then S has the right to the cold according to the law.

3. S obliged himself to deliver 50 bottles of wine to B of a particular brand. Subsequently, S delivered 50

bottles of wine, knowing they were of the cheaper variant.

a. What kind of fraud was committed by S, and what is B's remedy?

S committed a type of fraud known as fraud in the fulfillment of an obligation. This type of fraud occurs
when a party fulfills their obligation but does so in a deceitful manner, such as by delivering goods that
do not meet the agreed-upon specifications or quality.

b. If B bought the 50 bottles of wine on the false representation of S that the wine is as represented
by the labels, what kind of fraud was committed by S, and what is B's remedy?

S committed a type of fraud known as fraudulent misrepresentation. Fraudulent misrepresentation

occurs when one party makes a false statement of fact with the intention to mislead the other party and
the other party relies on that false statement to their disadvantage.in this case B may seek restitution
requiring S to return any payments received as a result of the fraudulent transaction.