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Enumeration of the Specific Obligations of Agent to Principal (See page 457 of de

leon's book)
Art. 1885 In case a person declines an agency, he is bound to observe the
diligence of a good father of a family in the custody and preservation of the goods
forwarded to him by the owner until the latter should appoint an agent. The
owner shall as soon as practicable either appoint an agent or take chargeof the
goods.
A TRUCKLOAD OF FISH
Mr. M, with a truckload of fish, went to the house of Ms. G, in order to appoint her as
agent with the authority to sell said fishes. However, before Ms. G could decline the
offer of agency because she was likewise busy studying for the finals, Mr. M was
already long gone, on his way to Manila to help the BarOps. Mr. M could not be
reached through any means of communication. What will Ms. G do?
Can Ms. G call BGMP or DSWD and give them the fishes rather than let it rot?
- NO
Can you call your neighbors and sell the fishes at a lower price?
- NO.
Reason: Since you refused to accept the agency, you cannot give away the goods nor
sell them at a lower pruce. What is required of you by law is only to exercise the
diligence of a good father of a family. That means you are to exert your best efforts
within your reasonable means or capacity so as to preserve the goods in your custody
until such a time that the owner appoints an agent or take charge of the goods himself.
You need not go beyond your means to preserve the goods in your custody. It is
sufficient that you exercised the diligence required of you by law. If your best efforts
are still not enough, then there is nothing more you can do about it. In case of loss or
damage to the goods, the owner thereof shall bear it.
(Ex: Ms. G, in the exercise of said diligence, could only afford to buy ice. She cannot
be burdened to the extent of what is beyond her means.)

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