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FINALS IN OBLIGATIONS and CONTRACTS

1. Santi Guar contracted with Ruby Tusin to deliver any chocolate cake on his
birthday on October 9, 2017. Upon the arrival of the said date, Ruby failed to
deliver the cake and contended instead that Santi did not make any demand
from her to perform the obligation, thus relieving her from liability based from the
rule of “no demand, no delay.”

a. Is the contention of Ruby valid? Reason out.


b. Assuming that the failure of Ruby was due to a fortuitous event, is the
obligation of Ruby extinguished? Reason out.

2. Aida, Lorna, and Fe are jointly and severally indebted to Maria, Leonora, and
Theresa, joint creditors, in the amount of P18,000.00.

a. How much may Maria collect from Aida?


b. How much is Maria entitled to?

Explain your answers.

3. Lady Anne owns a house at Legazpi City and rents it to Dina Virginia, without
written contract for 2 years at P5000/month. On October 24, 2016, Lady offered
to sell the leased property orally to Dina for 1 million pesos, within 90 days from
October 24, 2016. On that same day, Dina gave P1,000.00 as option money.

Before the end of the 90 day period, Dina went to Lady to purchase the said
property. But Lady refuse to sell it since Manny Yak had offered to purchase the
leased property for 5 million pesos. Dina sued to compel Lady to accept her
payment and execute the necessary deed of sale.

a. Was there a perfected contract of sale?


b. Is the option unenforceable under Article 1403 (Statute of Frauds) of the
civil code?

Give your reasons.

“Ang love ay parang FORTUITOUS EVENT. It cannot be foreseen, and if foreseen, is inevitable.”
#ObliconHugot