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    Mackay Vs Caswell (2014)

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    Lu Cas
    The three cases discuss an obligor's liability for failing to properly fulfill contractual obligations: 1) Chavez Vs Gonzales establishes that an obligor who fails to fulfill their obligation to repair something must pay the costs of proper execution, including replacement parts. 2) Tanguilig Vs CA finds that neither party can claim the other defaulted if one party failed to fulfill their obligations, citing that the obligor must bear expenses to properly fulfill the obligation. 3) Mackay Vs Caswell rules that a contractor must reimburse a homeowner for rectification costs from poor work and that unpaid compensation can be offset by the homeowner's monetary claims supported by receipts.

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    Mackay Vs Caswell (2014)

    Uploaded by

    Lu Cas
    377 views1 page
    The three cases discuss an obligor's liability for failing to properly fulfill contractual obligations: 1) Chavez Vs Gonzales establishes that an obligor who fails to fulfill their obligation to repair something must pay the costs of proper execution, including replacement parts. 2) Tanguilig Vs CA finds that neither party can claim the other defaulted if one party failed to fulfill their obligations, citing that the obligor must bear expenses to properly fulfill the obligation. 3) Mackay Vs Caswell rules that a contractor must reimburse a homeowner for rectification costs from poor work and that unpaid compensation can be offset by the homeowner's monetary claims supported by receipts.

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    Mackay vs Caswell (2014)

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    Mackay vs Caswell (2014)

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    The three cases discuss an obligor's liability for failing to properly fulfill contractual obligations: 1) Chavez Vs Gonzales establishes that an obligor who fails to fulfill their obligation to repair something must pay the costs of proper execution, including replacement parts. 2) Tanguilig Vs CA finds that neither party can claim the other defaulted if one party failed to fulfill their obligations, citing that the obligor must bear expenses to properly fulfill the obligation. 3) Mackay Vs Caswell rules that a contractor must reimburse a homeowner for rectification costs from poor work and that unpaid compensation can be offset by the homeowner's monetary claims supported by receipts.

    Copyright:

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

    Mackay Vs Caswell (2014)

    Uploaded by

    Lu Cas
    The three cases discuss an obligor's liability for failing to properly fulfill contractual obligations: 1) Chavez Vs Gonzales establishes that an obligor who fails to fulfill their obligation to repair something must pay the costs of proper execution, including replacement parts. 2) Tanguilig Vs CA finds that neither party can claim the other defaulted if one party failed to fulfill their obligations, citing that the obligor must bear expenses to properly fulfill the obligation. 3) Mackay Vs Caswell rules that a contractor must reimburse a homeowner for rectification costs from poor work and that unpaid compensation can be offset by the homeowner's monetary claims supported by receipts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Chavez Vs Gonzales, 32 SCRA 547

    Under Article 1167 of the Civil Code, a person who is obliged to do something and fails to do it shall be
    liable for the cost of executing the obligation in a proper manner. The cost of execution of the obligation
    to repair a typewriter is the cost of the labor or service expended in the repair of the typewriter. In
    addition, the obligor, under Article 1170 of the Code, is liable for the cost of the missing parts because in
    his obligation to repair the typewriter he is bound to return the typewriter in the same condition it was
    when he received it.

    Tanguilig Vs CA, 266 SCRA 78 (1997)


    Petitioner’s argument that private respondent was already in default in the payment of his outstanding
    balance of P15,000.00 and hence should bear his own loss, is untenable. In reciprocal obligations,
    neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner
    with what is incumbent upon him. When the windmill failed to function properly it became incumbent
    upon petitioner to institute the proper repairs in accordance with the guaranty stated in the contract.
    Thus, respondent cannot be said to have incurred in delay; instead, it is petitioner who should bear the
    expenses for the reconstruction of the windmill. Article 1167 of the Civil Code is explicit on this point
    that if a person obliged to do something fails to do it, the same shall be executed at his cost.

    Mackay Vs Caswell (2014)


    For Owen’s failure to provide quality work, he is to reimburse the rectification costs the Caswells had
    shouldered as the latter’s actual damages; the unpaid compensation Owen is claiming shall be set-off
    from the Caswell’s monetary claims supported by receipts.

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