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    William and Harry Obliged Themselves To Deliver To Elizabeth A Bullet

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    Kenji Cruz
    William and Harry agreed to buy Elizabeth a bullet-proof car for her birthday and contribute to the purchase price. However, Harry failed to pay his share, so the car was not delivered on her birthday as planned. Elizabeth can file a particular performance action against William and Harry to compel them to specifically deliver the agreed-upon car, as their obligation was to deliver a determinate object and their failure to do so through Harry's negligence entitles her to damages under the Civil Code.

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    William and Harry Obliged Themselves To Deliver To Elizabeth A Bullet

    Uploaded by

    Kenji Cruz
    663 views1 page
    William and Harry agreed to buy Elizabeth a bullet-proof car for her birthday and contribute to the purchase price. However, Harry failed to pay his share, so the car was not delivered on her birthday as planned. Elizabeth can file a particular performance action against William and Harry to compel them to specifically deliver the agreed-upon car, as their obligation was to deliver a determinate object and their failure to do so through Harry's negligence entitles her to damages under the Civil Code.

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    William and Harry Obliged Themselves to Deliver to Elizabeth a Bullet

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    William and Harry agreed to buy Elizabeth a bullet-proof car for her birthday and contribute to the purchase price. However, Harry failed to pay his share, so the car was not delivered on her birthday as planned. Elizabeth can file a particular performance action against William and Harry to compel them to specifically deliver the agreed-upon car, as their obligation was to deliver a determinate object and their failure to do so through Harry's negligence entitles her to damages under the Civil Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    663 views1 page

    William and Harry Obliged Themselves To Deliver To Elizabeth A Bullet

    Uploaded by

    Kenji Cruz
    William and Harry agreed to buy Elizabeth a bullet-proof car for her birthday and contribute to the purchase price. However, Harry failed to pay his share, so the car was not delivered on her birthday as planned. Elizabeth can file a particular performance action against William and Harry to compel them to specifically deliver the agreed-upon car, as their obligation was to deliver a determinate object and their failure to do so through Harry's negligence entitles her to damages under the Civil Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    1. William and Harry obliged themselves to deliver to Elizabeth a bullet-proof car on her birthday.

    William and Harry agreed in front of Elizabeth to contribute the amount that will be used to buy
    the car. However, Harry failed to give his contribution to the purchase price of the car, hence,
    the car was not delivered to Elizabeth on her birthday.

    a. What kind of obligation is involved in the problem?


    This is a Real Obligation or obligation to give/deliver a determinate object.

    b. What should Elizabeth do?


    Elizabeth can file a particular performance action. Action for particular results shall be the
    compensation of the obliger for the purpose of providing a certain object. Article 1165 of the
    Civil Code states that "When what is to be delivered is a determinate thing, the creditor may,
    in addition to the right imposed on him by Article 1170, require the debtor to make the
    delivery." Civil Code Article 1170. “Those who in the performance of their obligations are guilty
    of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are
    liable for damages. (1101)”. In this case, the delivery of a bulletproof vehicle is the focus of the
    duty. It is known to be a defining thing. Elizabeth, however, as the obliger, will force William
    and Harry to deliver the vehicle.

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