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If the
monkey commits suicide before the date of delivery, why would Carlos still be held
liable to his buyers?
2. Max sold his Carabao to Bruno to be delivered tomorrow. Supposing the Carabao died
due to heat stroke before the delivery, why is Max obliged to replace it with another
Carabao?
- Max is obliged to replace it with another Carabao, Because in Article 1165 paragraph 2, If
the thing is indeterminate or generic, he may ask that the obligation be complied with at the
expense of the debtor. Since the Carabao is a indeterminate thing, Max can replace it with
another Carabao as long as it is of the same class or kind. He is obliged to replace
because as said in the law, the Bruno has the right to recover damages in case of breach.
3. Joel brought his car for the repair of its brakes. However, unknown to Joel, the
repairman repair its horn instead of the brakes. After paying the repair fee, Joel was
made to sign a waiver against any defect. Due to faulty brakes, Joel meet an accident.
Why is Joel entitled to demand damages from the repairman?
- Joel is entitled to damages because under Article 1171, Responsibility arising from fraud is
demandable in all obligations. Any waiver of an action for future fraud is void. Since this
situation is classified as fraudulent, it was stated there can be no waiver for any future fraud
as this is against the law and public policy.
4. Max sold his Carabao to Bruno to be delivered tomorrow. Does Max have the obligation
to take care of the Carabao with the diligence of a good father of a family?
- Yes. Because as stated in Article 1163, that every person obliged to give something is also
obliged to take care of it with the proper diligence of a good father of a family, unless the law or
the stipulation of the parties requires another standard of care. Max should take care of the
Carabao with the care it normally needs just as he takes care of his own properties.