PROBLEM CASE 1:
Vic bought the one and only motorcycle of Joey and Joey promised to deliver the motorcycle on
September 15, 2022 but Joey failed to deliver the motorcycle on the said date and even until now. Vic
said that Joey is guilty of legal delay or default.
a. Is Vic correct?
--- In the ART. 1169 “Those who obliged to deliver or to do something incur in delay from the
time the oblige judicially or extrajudicially demands from them the fulfillment of their
obligation.”
Vic is wrong, Joey is not guilty of legal delay or default, but he is only in an ordinary delay in
the absence of demand from Vic. Although a period had been fixed for the fulfillment of the
obligation. The law presumes that Vic is giving Joey an extension of time within which to
deliver the motorcycle. hence, there is no breach of obligation.
b. What if the motorcycle was burned by the rebels on September 16 or one day after schedule
date of delivery, can Vic hold Joey responsible?
--- In the article 1174 “when the nature of obligation requires the assumption of risk, no
person shall be responsible for those events which could not be foreseen, or those though
foreseen were inevitable.”
If the motorcycle was burned on September 16 due to fortuitous event Joey is not liable if no
demand was made by Vic. His obligation is extinguished.
PROBLEM CASE 2:
Vic bound himself to provide Joey a laptop on September 11. 2022 for is online class but Vic
failed to provide Joey a laptop on the said date. What is the right of Joey? Explain (5 points)
--- In ART. 1165 “ When what is deliver is a determinate thing, the creditor, in addition to the right
granted to him by ART.1170 may compel the debtor to make the delivery.
Joey can demand and compel to Vic to deliver the laptop.
4.) Vic obliged to repair the laptop of Joey but Vic failed to repair the laptop of Joey. What is the
right of Joey? (5 points)
5.) Vic bound himself to give his one and only laptop to Joey for Joey's online class but the laptop
Was destroyed by fire without any fault on the part of Vic before delivery. What was required to
make Vic responsible even in case of fortuitous event?
--- In the ART. 1181 “In conditional conditions, the acquisition of rights, as well as the extinguishment
or loss of those already acquired, shall depend upon the happening of the event which constitutes
