BALIK tayo sa naging pagtingin ni Fort at ni Chloe. Muli, sinabi ni Chloe na papayag siyang magpaligaw kay Fort, at sinabi din niya na magiging magkaibigan pa rin sila.
Ngayon, ano kaya ang maaring mangyari kapag hindi niya tinupad ang obligasyong iyon? Solve this problem using all the concepts that you learned in Obligations and Contracts:
Fort obliges himself to give a dozen of specific roses to Chloe. Actually, he stated that the quantity of roses will be twelve.
1. Suppose these twelve roses had been lost due to a fortuitous event. Would Fort be still liable?
2. Same situation as of No. 1. After these roses were lost due to a fortuitous event, Chloe had demanded delivery. Would he be still liable?
3. Had the roses were determined as generic by both parties, would your answer to questions 1 and 2 be the same?
4. What kind of diligence Fort should do while he is not yet bound to give to her the roses?
5. Suppose that Chloe had told Fort that she will need those roses for Valentine’s Day. That day came, and still, Fort had not yet given the roses to her. Meanwhile, Chloe had made no legal demand to Fort. Would Fort be liable for breaching his obligation to deliver?
6. At the time Fort is going to fulfill his obligation, Chloe refuses to accept these roses without justifiable reason. What type of delay is this, and what shall Fort do to extinguish his obligation?
7. Identify the four elements of obligation in this case.
8. Determine if Fort’s obligation to give would be valid under the following conditions. Discuss also the effects:
a. “I’ll give these roses to you if I want.”
b. “I’ll give these roses to you if you want.”
c. “I’ll give these roses to you if your father, Anton Noble, agrees.”
d. “I’ll give these roses to you after I have received a balikbayan box from my uncle.”
e. “I’ll give these roses to you little by little.”
f. “I’ll give these roses to you once I have the money.”
g. “I’ll give these roses to you if my means permit me to do so.”
h. “I’ll give these roses to you if you finish college.”
i. “I’ll give these roses to you if you can build Abreeza Mall within a day.”
j. “I’ll give these roses to you if you will not go near the Sun.”
k. “I’ll give these roses to you if Voyager 1 and Voyager 2 spacecrafts went beyond the Solar System.”
9. (Independent case) Fort, instead of giving twelve roses, now obliges himself to give Chloe a box of Ferrero Rocher. Does this extinguish the whole obligation? Explain.
10. (Independent case) Tupe had given Chloe twelve roses, with her and Fort’s consent. Is this enough to extinguish an obligation? Explain.
11. (Independent case) Fort had been obliged by Chloe to give the thing due to irresistible force. Is the contract still valid? In any case, what shall Fort do?
RFBT Problem prepared by: TweetNewscaster
Featured Image Credit: Chloe and Fort. Courtesy of ABS-CBN.com