Reference no: EM133419020
Answer the following Situation:
Mr. B, a trying hard socialite, went to Boracay for some rest and relaxation. Upon reaching the island, he immediately went to Station 1 where Starbucks was located. Before entering the said shop, he took his phone and immediately took a quick selfie. Before uploading it on Instagram, he took some time to select the best filter so that he can impress his 10 followers. Mr. F, a follower, saw the story of Mr. B and immediately messaged the latter asking him if he can buy 10 Starbucks You Are Here in Boracay Mug. Mr. B saw this as an opportunity to potentially increase his number of followers replied to Mr. F telling him that he will buy 10 pieces of the Starbucks Mugs for the latter and sell it to him for 1,000.00 pesos each. After 5 minutes, Mr. F agreed to the price and told Mr. B that he will pay cash on delivery to which the latter agreed.
1. Mr. B delivered 8 Mugs to Mr. F and the latter refused to accept the same. Can Mr. F be held liable?
2. Mr. B delivered 12 Mugs to Mr. F and the latter accepted only the 10. Can Mr. B compel Mr. F to accept the remaining 2?
3. There was no stipulation as to the place of delivery of the mugs. Where can Mr. F have the mugs delivered?
4. Mr. F decided to pay for full price of the Mugs. Before delivery, the Mugs got lost due to Mr. B's negligence. Who shall bear the loss?
Here is an example on how to answer every number:
Eymi delivered a single stem pink tulip and one cloud 9 instead of the single stem pink rose and three kitkats on February 15, can she be held liable for damages?
Yes, Eymi can be held liable for damages when she delivered a single stem pink tulip and one cloud 9 instead of the single steam pink rose and three kitkats.
Under the law, any person who in the performance of their obligation contravenes the tenor of the same can be held liable for damages.
Here, Eymi delivered a single stem pink tulip and one cloud 9 instead of the single steam pink rose and three kitkats that was originally agreed upon by her and Mr. B. In unilaterally doing so, Emyi contravened the tenor of her obligation to Mr. B
Hence, Eymi can be held liable for damages.