OBLICON - Chapter 1 Problem
OBLICON - Chapter 1 Problem
OBLICON - Chapter 1 Problem
1. X saw at about 1pm in the afternoon a child alone in a shopping mall. The child who strayed
from Y, his mother, was in tears and appeared very hungry. Out of pity, X took him to
restaurant to eat for which he spent P150. Y did not give her consent to good deed of X.
Furthermore, they were on their way home before the child got lost. Is X entitled to be
reimbursed by Y for the amount of P150?
Answer: Yes, because According to Article 1160 if a person voluntarily takes charge of
another abandoned business or property the payment of indemnity to the end that no one
shall be unjustly benefited at the expense of another. Therefore, Y is responsible for X even
though she did not consent to her and to prevent an unfair situation for X.
2. While the car of X was parked by the roadside, it was bumped at the rear by a jeep
belonging to Y. Only the car of X suffered damage. Under the circumstances, does it follow
that Y is liable to X for damage?
Answer: Yes, on the grounds that According to Article 1162 a flaw or demonstration of
carelessness, which makes harms another. Along these lines, Y is yet obligated for X's
harm in the vehicle even there is no earlier authoritative connection between the two parties
X's vehicle was yet annihilated owing to Y's carelessness.
3. In the same problem, has X the right to ask to indemnify from R, employer of X, on the
ground that when accident occurred X was then on his way to transact business with a
client of R?
Answer: No, X has no right because According to Article 1158 commitments got from
law are not assumed however should be explicitly resolved in this code or other
uncommon laws. Thus, X has no legal right to seek compensation from R because there
is no such legislation.
4. D (debtor) borrowed P10,000 from C (creditor). On the due date of the loan, D could not
pay C because he lost to a robber the P10,000 intended for C. In, addition, he suffered
financial reverses, and he was short of cash even for his current family’s needs. Is D
legally justified to refuse to pay C?
Answer: No, because under the Article 1159 Obligations arising from contracts have the
force of law between the contracting parties and should be complied with in good faith.
Therefore, in light of the fact that when D credited from C, he entered in voluntary
arrangement and D was willing then the contract is valid. Along with this lines D has a
moral obligation to comply to their agreement and has no legal basis to refuse payment to
C.