#rescission agreement

[kurumssocial]

What is a rescission agreement

A rescission agreement is an agreement terminating the existing employment contract by mutual agreement of the employee and the employer. The rescission agreement is not specifically regulated in Turkish law and is evaluated within the framework of the general provisions of the Code of Obligations. In order for a rescission agreement to be valid, certain conditions must be…

[hansportz15]

Art. 1164 of the New Civil Code

The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him.

Sample Case:

A. A. ADDISON, plaintiff-appellant vs. MARCIANA FELIX and BALBINO TIOCO, defendants-appellees

G. R. No. L-12342, August 3, 1918

FACTS:

By a public instrument dated June 11, 1914, the plaintiff sold to the defendant Marciana Felix, with the consent of her husband, the defendant Balbino Tioco, four parcels of land, described in the instrument. The defendant Felix paid, at the time of the execution of the deed, the sum of Php 3,000 on account of the purchase price, and bound herself to pay the remainder in installments.

In January 1915, the vendor, A. A. Addison, filed suit in Court of First Instance of Manila to compel Marciana Felix to make payment of the first installment of Php 2,000. The defendant, jointly with her husband, answered the complaint and alleged by way of special defense that the plaintiff had absolutely failed to deliver to the defendant the lands that were the subject matter of the sale, notwithstanding the demands made upon him for this purpose.

The trial court rendered judgment in behalf of the defendant, holding the contract of sale to be rescinded and ordering the return to the plaintiff the Php 3,000 paid on account of the price, together with interest thereon at the rate of 10 percent per annum. From this judgment, the plaintiff appealed.

ISSUE:

Whether or not, the defendant has the right to demand the rescission of the sale and return of payment.

RULING:

Yes. It is evident, then, that the mere execution of the instrument was not fulfilled by the appellant's obligation to deliver the thing sold, and that from such non-fulfillment arises the defendant's rights to demand, as demanded the rescission of the sale and return of the payment.

In as much as the rescission is made by virtue of the provisions of law and not by the contractual agreement, it is not the conventional but the legal interest that is demandable.

It is therefore held that the contract of purchase and sale entered into by and between the plaintiff and the defendant on June 11, 1914, is rescinded, and the plaintiff is ordered to make restitution of the sum of Php 3,000 received by him on account of the price of the sale, together with interest thereon at the legal rate of 6 percent per annum from the date of the filing of the complaint until payment, with the costs of both instances against the appellant. So ordered.

[abrlann]

FAMILY CODE OF THE PHILIPPINES

TITLE 1. MARRIAGE

Chapter 1. Requisites of Marriage

Article 1. Civil Code of the Philippines

Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a)

Marriage as an inviolable institution, is the foundation of the family and shall be protected by the State.

The State is mandated to protect marriage, being the foundation of the family, which in turn is the foundation of the nation.

Nature of Marriage

Marriage is not like an ordinary contract, that if there is no performance of one's duties can be the subject of rescission. The remedy of an aggrieved spouse in case one of the spouses fails to perform his duties is to ask for damages.

Marriage is a permanent union and spouses may enter into an ante-nuptil agreement as to what property relationship shall govern them during the marriage.

To emphasize the importance of marriage as a social institution and a relationship, Congress enacted R.A. No. 6955 penalizing any person, natural or judicial, association, club and etc.

Marriage may be proven by the marriage certificate which is the best evidence. But any competent and relevant evidence can also prove it.

Narag v. Narag A.C. No. 3405

Date: September 22, 1998; Resolution dated November 29, 2013

Facts:

Julieta B. Narag filed an administrative complaint for disbarment against her husband, Atty. Dominador M. Narag, for gross immorality due to his abandonment of their family to live with a 17-year-old student. The court found sufficient grounds for disbarment, citing his violation of the moral standards required of legal professionals.

Issue:

Should Dominador M. Narag be reinstated to the Bar after 15 years of disbarment?

Ruling:

The court denied the petition for reinstatement. It emphasized that despite his claims of remorse and purported forgiveness from his family, he continued to live with his paramour, demonstrating a lack of genuine reform. The court reiterated that the practice of law is a privilege dependent on good moral character.

This case shows the high moral standards required in the legal profession, particularly in relation to marriage. Actions such as abandonment and infidelity reflect a lack of character, which is essential for legal practice. The court determined that true repentance and reform must precede any consideration for reinstatement.

Source: Book of Family Code of the Philippines by Judge Albano

[legalwires]

Novation, Alteration, and Rescission of Contracts

Introduction Contracts form the backbone of legal agreements in both personal and commercial transactions, establishing clear expectations and obligations between parties. However, as circumstances evolve, the need for flexibility in contractual relationships becomes apparent. This is where the concepts of novation, alteration, and rescission play a crucial role in contract law. Novation allows…

[lawforeverything]

Indian Contract Act 1872

The Indian Contract Act of 1872 is a statute established by the Parliament of India that governs formation and enforcement of contracts in India. It applies to all of India except the state of Jammu and Kashmir. The Act defines the essential elements of a contract, rules regarding the validity of contracts and the effects of non-compliance.

Formation of Contracts

The Act codifies the way in which contracts may be entered into, executed, implemented, and terminated. For any agreement between parties to qualify as a valid contract, the following elements must be present: offer and acceptance, consideration, competency of parties, free consent, legality of object, and possibility of performance. If any of these elements are missing, the contract is voidable.

Essentials of a Valid Contract

The terms of the contract must be certain, unambiguous and not vague. The parties must be competent, meaning they are of the age of majority and of sound mind. Consent must be freely given, rather than due to coercion, undue influence, fraud, misrepresentation or mistake. The object of the contract must be legal, not opposed to public policy and not immoral or fraudulent. The consideration, or exchange of value, ensures that each party gains or loses something.

Remedies for Breach of Contract

In the event that a party fails to perform his obligations under the contract, the aggrieved party is entitled to remedies such as rescission of the contract, damages, specific performance and injunction. Damages may be claimed as compensation for any loss or damage arising from the breach of contract. Specific performance refers to the right to compel performance of the contract as agreed. An injunction may be sought to prevent further breach.

In conclusion, the Indian Contract Act codifies the way in which legally binding contracts are made and enforced in India. By following the rules set out in the Act regarding formation, validity and performance of contracts, parties can enter into agreements with confidence.

Key Features and Scope of the Act

Formation of Contracts

The Indian Contract Act governs the process by which contracts are made and executed in India. It specifies the necessary ingredients for a valid contract, including offer, acceptance, consideration, competency of parties, free consent, legality of object, and certainty of meaning. The Act also lays down the provisions relating to contractual capacity of parties and contractual obligations.

Enforceability of Contracts

The Act ensures that only those agreements which are enforceable at law are contracts. It determines the circumstances under which promises become enforceable by law. The Act also provides for certain types of void agreements which cannot be enforced in a court of law.

Performance of Contracts

The Act lays down provisions relating to the performance of contracts. It specifies the rules regarding the order of performance of reciprocal promises, the effect of refusal to accept offer of performance, and the effect of neglect of promisee to afford reasonable facilities for performance. The provisions relating to appropriation of payments, delegation of performance, and joint and several liability of promisors are also contained in the Act.

Contingent and Quasi Contracts

The Act deals with certain relations resembling those created by contracts. Obligations which were not the result of an agreement, such as those arising out of voluntary services rendered, payment by interested person, and unjust enrichment are enforceable under the Act. The provisions relating to the liability of finder of goods and the rights and liabilities of persons jointly interested in goods are also covered under the Act.

Remedies for Breach of Contract

The Act provides remedies for breach of contract. It contains provisions relating to damages, specific performance, injunction, rectification and rescission of contracts. The rules regarding mitigation of losses, foreseeability of damage, remoteness of damage, and exclusion of consequential loss are also laid down in the Act. The provisions relating to quasi-contracts and contingent contracts also determine the rights and liabilities of the parties in cases of unjust enrichment or payment for non-existent debts.

In summary, the Indian Contract Act is a comprehensive legislation that governs the contractual relationships in India. It determines the circumstances in which promises become legally binding, the rules relating to performance of contracts, the consequences of breach of contract, and the remedies available to the aggrieved party.

Essential Elements of a Valid Contract

For a legally enforceable contract to exist under Indian Contract Law, certain elements must be present. Both parties must intend to create a legally binding agreement.

Offer and Acceptance

There must be an offer by one party and acceptance of the precise terms of that offer by the other party. An offer is a promise to enter into a contract, provided the terms of the offer are accepted. Acceptance is a statement by the offeree that they agree to the terms of the offer. Once acceptance occurs, a contract is formed.

Consideration

Each party must provide consideration, which is something of value, in exchange for the promise or performance of the other party. Consideration may consist of money, goods, services, or a promise to provide something of value in the future. Without consideration, a contract will not be legally enforceable.

Capacity

The parties entering into the contract must have the legal capacity to do so. Minors, those with mental disabilities, and intoxicated persons may lack capacity. If a party lacks capacity, the contract can potentially be voided.

Legality

The purpose and subject matter of the contract must be legal. A contract for an illegal purpose, such as to commit a crime, will not be enforceable under Indian Contract Law.

Certainty

The contract terms must be sufficiently certain and unambiguous so that the parties understand their obligations. If major terms are uncertain or ambiguous, the contract may be void for uncertainty. The parties should clearly specify details like price, quality, and deadlines to promote certainty.

By understanding these essential elements, you can determine whether you have grounds to pursue legal remedies under a contract or whether a contract may not be legally enforceable. Ensuring these elements are present will also help in drafting clear, enforceable contracts.

Read Full Blog : 👇

[prelawland]

Understanding Contract Law: Key Concepts, Types, and Common Issues

By Maya Mehta, Seattle University Class of 2025

August 25, 2024

The importance of contracts in private and business dealings like lease agreements, purchase of goods and services as well as hiring contractors cannot be overemphasized. The law on contract governs these pacts thereby ensuring that promises are maintained, disputes resolved, and transactions predictable and enforceable. From simple consumer transactions to more complex multilateral agreements. A valid contract has various components such as an offer, acceptance, consideration, understanding, capacity, and legality. These different types include implied, bilateral, express or unilateral contracts. Cases involving misrepresentations or fraud also emerge out of this recourse. Available remedies for disputes are monetary damages among others such as specific performance or rescission which can be used when the buyer wants to be taken back to the pre-contract state or when a court orders a party not to do anything under a given contract by granting an injunction respectively. On this note it is crucial in both business world and personal life since it creates frameworks within which parties can expect their contractual relationships to unfold thus promoting fairness among all the stakeholders concerned. It is thus important for one to be acquainted with these guidelines so as not to breach any lawful regulations binding them with regard to any agreement terms which they may subscribe into from time to time if at all they would want themselves not being exposed too much risks legally speaking.

For full article please visit

Understanding Contract Law: An In-Depth Exploration

at

California PreLaw Land

[centerstonegroupinc]

How to Cancel a Sapphire Resorts Timeshare Contract

Sapphire Resorts may not be as well-known as other timeshare companies like Wyndham or Marriott, but it still has over 25,000 members. Despite its smaller size, many owners face similar issues common in the timeshare industry, such as high-pressure sales tactics, steep fees, and difficulties in using their purchased timeshares.

If you find yourself stuck in a Sapphire Resorts timeshare, you're likely wondering how to cancel your contract. The good news is that it is possible to legally and ethically exit your timeshare agreement, though it requires some effort. This article provides a step-by-step guide to help you through the process.

How to Cancel a Sapphire Resorts Timeshare in 3 Steps

Canceling a timeshare contract isn't as simple as signing it was. To properly exit, you'll need to gather all your timeshare paperwork and payment records to determine your next steps.

Step 1: Review Your Contract Cancellation Rights and Rescission Period

The first step in canceling your Sapphire Resorts timeshare is to determine if you're still within the legal rescission period, which allows you to cancel the contract. This period varies by state; for example, Nevada law provides a five-day rescission period, while Arizona allows ten days.

However, even if you're within this period, the process may not be straightforward. You must follow specific steps, such as including precise wording in your cancellation letter and sending it to the correct address via certified mail. Failure to adhere to these details could result in your cancellation being denied.

Step 2: Ensure Your Payments and Obligations Are Current

If the rescission period has passed, canceling your timeshare becomes more challenging, but it's still possible. First, make sure all your payments, including maintenance fees and mortgages, are up to date. This will influence your negotiation with Sapphire Resorts.

Be cautious of advice that suggests you stop making payments to force a cancellation. This approach could lead to foreclosure and damage your credit score.

Step 3: Consult Timeshare Exit Experts at Centerstone Group

After reviewing your situation, it's wise to consult a timeshare exit specialist like Centerstone Group. Their team has extensive experience navigating the complexities of timeshare cancellations, even after the rescission period has ended. They can help you negotiate your exit or, if necessary, connect you with a lawyer for legal action.

Final Thoughts

Canceling a Sapphire Resorts timeshare contract requires careful planning and professional guidance. Each case is unique, so what worked for one person may not work for you. Centerstone Group, accredited by the Better Business Bureau with an A+ rating, can provide the support you need to successfully cancel your timeshare. Contact us today for a free consultation.

[law-notes]

Civil Law Notes: An In-Depth Guide to Contract Law

Contract law is a fundamental aspect of civil law, governing the creation and enforcement of agreements between parties. Whether you’re a law student or a professional in the legal field, understanding contract law is crucial. This guide will cover the essentials of contract law, including its key principles, types of contracts, and the legal implications of breaches.

What is Contract Law?

Contract law is the body of law that regulates the formation, performance, and enforcement of agreements between parties. It ensures that promises made in a contract are legally binding and provides remedies if those promises are not fulfilled.

Key Principles of Contract Law

Offer and Acceptance: A contract begins with an offer by one party and acceptance by another. The offer must be clear, and the acceptance must be unequivocal.

Consideration: Consideration refers to something of value exchanged between the parties. It can be money, goods, services, or a promise to do (or not do) something.

Intention to Create Legal Relations: The parties must intend for their agreement to be legally binding. Social and domestic agreements are generally not enforceable in court.

Capacity to Contract: The parties involved must have the legal capacity to enter into a contract. This means they must be of legal age and sound mind.

Legality of Purpose: The purpose of the contract must be legal. Contracts involving illegal activities are not enforceable.

Types of Contracts

Express Contracts: These contracts are clearly stated, either orally or in writing. Both parties explicitly agree to the terms.

Implied Contracts: These contracts are not explicitly stated but are inferred from the actions or circumstances of the parties involved.

Unilateral Contracts: In these contracts, one party makes a promise in exchange for an act by another party. The contract is fulfilled when the act is performed.

Bilateral Contracts: These are the most common type of contracts, where both parties exchange mutual promises.

Void and Voidable Contracts: A void contract is unenforceable by law, while a voidable contract is valid but can be canceled by one of the parties under certain conditions.

Breach of Contract

A breach of contract occurs when one party fails to fulfill their obligations under the contract. Breaches can be minor or material, with the latter having more severe legal consequences. Remedies for breach of contract include:

Damages: Financial compensation to the injured party.

Specific Performance: A court order requiring the breaching party to fulfill their obligations.

Rescission: The contract is canceled, and both parties are restored to their original positions.

Importance of Contract Law in Civil Law

Contract law plays a vital role in civil law by providing a framework for individuals and businesses to conduct transactions confidently. It ensures that agreements are honored and offers legal remedies when they are not, promoting trust and stability in economic and personal relationships.

Understanding contract law is essential for anyone involved in legal agreements. Whether you’re drafting a contract, entering into a business deal, or simply studying law, knowing the principles and implications of contract law will help you navigate legal obligations with confidence. https://www.lawskool.com.au/

[canceltimeshareca]

Proven Tips to Get Out of Your Timeshare Agreement

Cancel Timeshare Legally is one of the nation's premier timeshare cancellation companies. If you're stuck in a timeshare agreement and looking for ways to escape, you're not alone. Many people find themselves trapped in these contracts, often due to misleading sales tactics and high-pressure situations. Fortunately, there are proven methods to help you get out of your timeshare agreement legally and effectively.

Understanding Your Timeshare Agreement

Before you can effectively cancel your timeshare, it’s crucial to understand the details of your agreement. This includes the terms, conditions, and any clauses related to cancellation or termination.

Review the Contract Thoroughly

Take the time to read through your timeshare contract carefully. Look for any cancellation clauses, which might outline the steps you need to take to legally exit the agreement. Pay close attention to:

Cooling-off periods: Also known as rescission periods, these are short windows of time (usually a few days to a week) immediately after signing when you can cancel the agreement without penalty.

Fees and Penalties: Understand any financial implications involved in canceling your timeshare.

Ownership Details: Verify whether your timeshare is deeded or non-deeded, as this can affect your cancellation options.

Read More: Get out of Timeshare

Steps to Legally Cancel Your Timeshare

Once you've thoroughly reviewed your contract, you can begin the process of canceling your timeshare. Here are the steps to take:

1. Exercise the Rescission Period

If you're still within the rescission period, act quickly to cancel your timeshare. This is the easiest and least costly way to exit your agreement. Write a formal cancellation letter and send it via certified mail to the timeshare company. Ensure you keep copies of all correspondence for your records.

2. Contact the Timeshare Company Directly

If the rescission period has passed, your next step is to contact the timeshare company directly. Explain your situation and inquire about your options for cancellation. Some companies may offer a buy-back program or deed-back options, allowing you to return the timeshare to the company.

3. Hire a Timeshare Exit Company

If the timeshare company is uncooperative, consider hiring a reputable timeshare exit company like Cancel Timeshare Legally. These companies specialize in helping clients exit their timeshare agreements and can provide legal assistance to navigate the process. Ensure you choose a company with a proven track record and positive customer reviews.

4. Explore the Secondary Market

You may also consider selling your timeshare on the secondary market. Websites like eBay, Craigslist, and dedicated timeshare resale sites can help you connect with potential buyers. However, be prepared to sell at a significantly reduced price compared to what you originally paid.

Legal Avenues for Timeshare Cancellation

In some cases, you might need to pursue legal action to cancel your timeshare. Here are some legal avenues to explore:

1. Fraud and Misrepresentation Claims

If you were misled or deceived during the sales process, you might have grounds for a fraud or misrepresentation claim. Gather all relevant documentation, including emails, letters, and any promotional materials that were used to sell you the timeshare. Consult with a lawyer who specializes in timeshare law to evaluate your case.

2. Breach of Contract

If the timeshare company has violated any terms of the contract, you may be able to cancel the agreement based on a breach of contract. This could include failing to provide promised amenities or not adhering to the maintenance schedule. Again, consult with a legal professional to assess your situation.

3. Consumer Protection Laws

Many states have consumer protection laws designed to protect buyers from unfair sales practices. Research the specific laws in your state and consider filing a complaint with the state attorney general's office or the Federal Trade Commission (FTC).

Read Also: Cancel Timeshare Mortgage

Preventing Timeshare Troubles in the Future

While it’s important to know how to get out of a timeshare, it’s equally important to prevent similar situations in the future. Here are some tips to avoid timeshare troubles:

1. Research Thoroughly Before Buying

Before committing to a timeshare, conduct extensive research. Look for reviews from current owners, check the company's reputation, and understand all the costs involved, including maintenance fees and special assessments.

2. Avoid High-Pressure Sales Tactics

Sales presentations often use high-pressure tactics to push you into making a quick decision. Take your time, ask questions, and don’t be afraid to walk away if you feel uncomfortable or pressured.

3. Understand the Long-Term Commitment

Timeshares are long-term commitments, often lasting for decades. Consider whether you’ll be able to use the property regularly and if you’re prepared for the ongoing costs.

4. Consult a Financial Advisor

Before purchasing a timeshare, consult with a financial advisor to understand the financial implications and determine if it’s a sound investment for your situation.

Conclusion

Getting out of a timeshare agreement can be challenging, but it’s not impossible. By understanding your contract, exploring your options, and seeking professional assistance, you can escape the timeshare trap. Cancel Timeshare Legally is here to help you navigate the process and ensure a smooth and successful cancellation.

Contact Us:

Business Name:

Cancel Timeshare Legally

Contact Number:

 (855) 912-7008

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https://canceltimesharelegally.com/

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https://www.facebook.com/CancelTimeshareLegally/

https://youtu.be/9QxfbUcae_w?si=aju2kyCfGIn1t2lO

[canceltimesharelegally]

Cancel Timeshare Legally

How to Cancel Your Timeshare and Get Out of Timeshare Hassle-Free

Owning a timeshare can initially seem like a dream come true, offering you the opportunity to vacation in luxury destinations year after year. However, many timeshare owners eventually find themselves wanting to cancel their timeshare and get out of the timeshare obligations due to rising maintenance fees, limited availability, or lifestyle changes. If you're one of those people looking to cancel your timeshare and get out of timeshare commitments, this guide will walk you through the process.

Understanding Timeshare Cancellation

Canceling your timeshare can be a complex and daunting task, especially if you're unfamiliar with the legal and contractual aspects involved. It is crucial to understand your timeshare agreement and your rights as an owner before proceeding. Many timeshare contracts have a rescission period, usually within a few days to a few weeks after purchase, where you can cancel your timeshare without penalty.

Explore Your Options to Get Out of Timeshare

There are several ways to cancel your timeshare and get out of the timeshare contract. The most common methods include:

Rescission Period: If you are still within the rescission period, you can cancel your timeshare contract without any financial penalties. Make sure to act quickly and follow the cancellation procedure outlined in your contract.

Timeshare Exit Companies: These companies specialize in helping owners cancel their timeshare contracts. They typically charge a fee for their services but can handle the legal complexities on your behalf.

Sell or Transfer Your Timeshare: You can sell your timeshare on the secondary market or transfer ownership to someone else. This option can be time-consuming and may not always be successful, especially if there is an oversupply of timeshares in the market.

Donate Your Timeshare: Some organizations accept timeshare donations, which can be a viable option if you are unable to sell or transfer your timeshare.

Legal Aspects of Cancelling Your Timeshare

Before you cancel your timeshare and get out of timeshare commitments, it is essential to understand the legal implications. Reviewing your contract thoroughly is the first step. Seek professional legal advice to understand the terms and conditions and to explore the best legal options available. A lawyer with experience in timeshare law can guide you through the process and help you avoid potential pitfalls.

Avoiding Timeshare Exit Scams

Unfortunately, the timeshare exit industry is rife with scams. Be wary of companies that promise guaranteed results or demand upfront fees. Always research the reputation of any company you consider hiring and look for reviews from other timeshare owners. A legitimate company will have a track record of successfully helping clients cancel their timeshares.

The Emotional Impact of Timeshare Cancellation

Canceling your timeshare and getting out of timeshare obligations can be an emotional process. Many owners feel a sense of relief and freedom once the burden of their timeshare is lifted. However, it can also be stressful and frustrating, particularly if the process is prolonged or complicated. Having a clear plan and seeking professional help can alleviate some of the stress.

Conclusion

If you find yourself needing to cancel your timeshare and get out of timeshare commitments, know that you have options. Whether it's utilizing the rescission period, seeking help from timeshare exit companies, selling or transferring your timeshare, or seeking legal assistance, it's possible to free yourself from the burden. Remember to research thoroughly, understand your rights, and seek professional advice to ensure a smooth and successful timeshare cancellation process.

Cancel Timeshare Legally

Phone:

(855) 912-7008

Website:

https://canceltimesharelegally.com

Address:

16888 Nisqualli Rd suite 200 2, Victorville, CA 92395

[supremojohndee]

Article 1218 - ObliCon

Art. 1218. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal.

This article refers to payment for an obligation by a solidary debtor that was beyond the prescribed period of an obligation.

If you and I were solidary debtors, and I solely paid our obligation to Eleazar which has already

Prescribed, was my payment valid?

Yes. This is based on natural law, even if the system states that our debt has already prescribed. It will

not change the fact that we still owe Eleazar money.

Since I solely paid the debt. Can I reimburse your supposed proportional share from you?

No. That would not be possible. Because my payment, as a solidary debtor shall not entitle me of reimbursement from my co-debtors if such payment has prescribed or has become illegal.

Case:

Asset Builders Corporations

v.

Stronghold Insurance Company, Incorporated

ABC entered into an agreement with Lucky Star for the latter to drill one exploratory production well inclusive of supply, labor, materials, tools, and including technical supervision. The contract price was P1,150,000.00. It was agreed that the former shall provide a downpayment of 50% upon submission of surety bond of the same amount by Lucky Star and 30% performance bond.

The bonds were to guaranty faithful compliance to the agreement. Lucky Star engaged respondent Stronghold which issued two (2) bonds in favor of the petitioner.

Lucky Star did not perform and only managed to accomplish 10% of the project.

ABC sent a notice of rescission of contract subsequently, notice of claim for payment to Stronghold despite not getting any response, prompting it to file its complaint for rescission before the regional trial court.

The trial Court declared Lucky Star at default. Thereby making the same liable and absolving stronghold from liability. But the SC ruled that Stronghold, their surety as an accessory to the contract

Issue:

Essentially, the primary issue is whether or not respondent insurance company, as surety, can be held liable under its bonds.

Holding:

The Court based its decision to Art. 2047 of the Civil Code which defines a surety agreement as an ancillary contract that makes surety liable for the debt or duty of another. In this case, Stronghold shall abide to the agreement with ABC since Lucky Star failed to comply to its obligation.

Art. 1217 entitles Stronghold to reimburse from the principal debtor for the amount it may be required to pay the creditor.

[jurisjonah]

(Report 6) Article 1314, Civil Code of the Philippines, Book IV Obligations and Contracts

Article 1314. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party.

Explanation Article 1314 states that if a third person persuades someone to break a contract, they must pay damages to the other party in the contract. This means that interference with a contractual agreement is punishable. The article aims to protect contractual relationships from external disruptions.

Illustrative Example I have a contract with Ms. O to lease her apartment for one year. Mr. Cabaluna, a third party, offers Ms. O more money to break our contract and lease the apartment to him instead. If Ms. O ends our lease early because of Mr. Cabaluna's offer, I can seek damages from Mr. Cabaluna for causing the breach of our agreement.

Assigned Case CALTEX (PHILIPPINES), INC., Petitioner, vs. PNOC SHIPPING AND TRANSPORT CORPORATION, Respondent. Penned by Justice Antonio Carpio on August 10, 2006

Facts of the Case On 6 July 1979, PSTC and Luzon Stevedoring Corporation (LUSTEVECO) entered into an Agreement of Assumption of Obligations, where PSTC agreed to assume all LUSTEVECO's obligations specified in the annexes of the Agreement. Among the obligations assumed by PSTC was a judgment debt owed by LUSTEVECO to Caltex (Phils.), Inc., as affirmed by the Intermediate Appellate Court (IAC) on 12 November 1985. Caltex sought to enforce the judgment debt but was unsuccessful because LUSTEVECO's properties had been foreclosed. Caltex learned of the Agreement between PSTC and LUSTEVECO and demanded PSTC to satisfy the judgment debt, but PSTC refused, stating it was not a party to the original lawsuit. Caltex filed a complaint for sum of money against PSTC, leading to a trial court decision in favor of Caltex on 1 June 1994, ordering PSTC to pay the judgment debt. PSTC appealed, and the Court of Appeals reversed the trial court's decision on 31 May 2001, ruling that Caltex had no personality to sue PSTC as it was not a party to the Agreement. Caltex then petitioned for review before the Supreme Court.

Issues of the Case Whether or not PSTC is bound by the Agreement when it assumed all the obligations of LUSTEVECO.

Ruling to the Case YES, PSTC is bound by the Agreement when it assumed all the obligations of LUSTEVECO. The Court held that PSTC is bound by the Agreement of Assumption of Obligations. The Agreement clearly stated that PSTC shall assume all the obligations of LUSTEVECO, including the debt owed to Caltex. PSTC cannot accept the benefits of the Agreement without assuming the obligations. PSTC's refusal to honor its commitment would amount to defrauding the creditors of LUSTEVECO. The Court also noted that the transfer of assets from LUSTEVECO to PSTC without the knowledge of its creditors could be considered fraudulent and rescissible.

Connection of Article 1314 In application, PSTC, by assuming LUSTEVECO's obligations, effectively induced LUSTEVECO to breach its contract with Caltex by refusing to pay the judgment debt. PSTC's refusal to fulfill the assumed obligations led to damages for Caltex. Thus, PSTC is liable for these damages, as stipulated by Article 1314.

[juztize]

ARTICLE 1190.

G.R. No. 156627, June 4, 2004

SPOUSES MANUEL and JOCELYN BARREDO, petitioners, vs. SPOUSES EUSTAQUIO and EMILDA LEAÑO, respondents.

PUNO, J.:

In resolving the case at bar, the court mentioned established principle in obligations and contracts enunciated by this Court some 80 years ago in Song Fo & Co. v. Hawaiian Philippine Co.1 that the rescission of contracts will not be permitted for a slight or casual breach thereof. 

Sometime in 1979, petitioners spouses Manuel and Jocelyn Barredo (Barredo Spouses) bought a house and lot located Pilar Village, Las Piñas, Metro Manila, 

they executed a first mortgage over the house and lot in favor of SSS and a second one in favor of Apex.

On July 10, 1987, the Barredo Spouses sold their house and lot to respondents Eustaquio and Emilda Leaño (Leaño Spouses) by way of a Conditional Deed of Sale with Assumption of Mortgage and pay the monthly amortizations to SSS and Apex beginning July 1987 until both obligations are fully paid.

Two (2) years later, the Barredo Spouses initiated a complaint before the Regional Trial Court of Las Piñas seeking the rescission of the contract on the ground that the Leaño Spouses despite repeated demands failed to pay the mortgage amortizations to the SSS and Apex.

On October 5, 1993, the Regional Trial Court of Las Piñas, Br. 275, ruled that the assumption of mortgage debts of the Barredo Spouses by the Leaño Spouses "is a very substantial condition x x x x The trial court thus rendered judgment in favor of the plaintiff, the Barredo Spouses.

 Aggrieved, the Leaño Spouses appealed to the Court of Appeals, the appellate court reversed and set aside the decision of the trial court on the ground that the payments of amortization to Apex and SSS were mere collateral matters which do not detract from the condition of paying the principal consideration.

The appellate court denied the motion for reconsideration for lack of merit.

ISSUE:        Whether or not the failure of the respondents to settle the mortgage on the subject property constitutes material breach?

HELD:

NO, the failure of the respondents to settle the mortgage on the subject property does not constitute material breach to be a ground to rescind the contract.

In this case, the Court ruled that the principal object of the contract was the sale of the house and lot.The assumption of the mortgages by the respondents over the mortgages property and their payment of amortizations are just collateral matters which are natural consequences of the sale of the said mortgaged property.

The respondents bind themselves to assume as they hereby assume the payment of the unpaid balance. Nowhere in the agreement was it stipulated that the sale was conditioned upon their full payment of the loans with SSS and APEX.

 Here, the petition for review on certiorari was DENIED, the decision of the RTC was REVERSED and SET ASIDE and ordering the petitioners to execute the Deed of Absolute Sale and to deliver the principal object upon full payment to the respondents. 

[jlc3991]

Ling Lu Yamaki's Battle with Hilton Grand Vacations: A Cautionary Tale

The Story of a Timeshare Nightmare and the Fight for a Refund

Ling Lu Yamaki found herself trapped in a timeshare agreement with Hilton Grand Vacations after discovering a serious problem with the contract. Despite her efforts to cancel the $28,000 deal, the company refused to grant her request. Yamaki's experience sheds light on the challenges of obtaining a refund for a timeshare and serves as a valuable lesson for those considering purchasing or exiting a timeshare.

In this article, we will explore:

- The consumer rights involved in a timeshare agreement

- Strategies for resolving a contract dispute with a timeshare company

- How to navigate the process of getting a refund for a timeshare

How Yamaki Made a Costly Mistake with Hilton Grand Vacations

Yamaki's journey began with a typical timeshare presentation. She and her husband attended a Hilton vacation package that required them to sit through a one-hour presentation in Las Vegas. During the meeting, a saleswoman named Maria extolled the benefits of owning a Hilton Grand Vacations timeshare, including the ability to book a week at any Hilton resort for a discounted rate during "open season." However, a crucial detail was omitted from the sales sheet - whether the rates were per night or per week. Yamaki sought clarification from Maria, who assured her that the rates were indeed per week. Relying on this information, Yamaki and her husband decided to purchase the timeshare.

The Shocking Discovery and Dealing with Hilton Grand Vacations

After a few weeks, Yamaki activated her Hilton Grand Vacations account and attempted to take advantage of the promised discounted rates. However, she discovered that the "open season" rates were not available as advertised. Furthermore, she realized that she and her husband had paid $28,000 for just four nights at the property instead of the one-week timeshare they believed they had purchased. Yamaki contacted Maria, who was unresponsive and never addressed their concerns. Frustrated and feeling deceived, Yamaki requested that Hilton Grand Vacations cancel her contract, even offering to cover the associated fees. However, the company refused, citing her expiration of the rescission period.

Understanding Consumer Rights in a Timeshare Purchase

Timeshare purchases come with limited consumer rights, but it is essential to be aware of them. State laws typically provide a cooling-off period during which buyers can cancel their purchase without penalty. Sellers are also required to provide complete and accurate information about the timeshare, including amenities and costs. Resale schemes and unfair debt collection practices related to timeshares are prohibited under federal regulations. However, it is crucial to note that state laws heavily favor timeshare developers, making it challenging for consumers to exercise their rights fully.

Navigating a Contract Dispute with a Timeshare Company

Resolving a dispute with a timeshare company like Hilton Grand Vacations requires careful navigation. It is crucial to read and understand the contract thoroughly, focusing on the written terms rather than verbal promises. If an issue arises, it is essential to address it promptly to prevent any attempts at stalling. Keeping a detailed paper trail of all correspondence and contracts is crucial for evidence. Instead of negotiating with the salesperson, it is advisable to escalate the matter to higher-level executives within the company. If the company refuses to cooperate, contacting state officials or seeking assistance from consumer advocacy organizations can be beneficial.

Seeking a Refund for a Hilton Grand Vacations Timeshare

To secure a refund for a Hilton Grand Vacations timeshare, it is essential to follow a strategic approach. Yamaki's case offers insights into the steps she took to achieve a successful outcome. She was cautious about her contract, questioned discrepancies, and maintained a comprehensive paper trail. However, she also made some mistakes, such as making emotional pleas, resorting to name-calling, and relying on social media pressure. Ultimately, Yamaki was able to secure a refund after intervention from a consumer advocate. It is important to note that mediation efforts and refunds are not always guaranteed, making it crucial to approach the process with a level-headed and strategic mindset.

Ling Lu Yamaki's experience with Hilton Grand Vacations highlights the complexities of timeshare agreements and the challenges of obtaining a refund. While consumer rights exist, they are limited, and buyers must exercise caution and due diligence throughout the purchasing process. Contract disputes require careful navigation and persistence, with a focus on maintaining a paper trail and escalating concerns to higher-level executives.

While Yamaki's case had a positive outcome, it serves as a cautionary tale for anyone considering a timeshare purchase or seeking a refund. It is essential to approach the process with realistic expectations and a thorough understanding of the rights and limitations involved.

[georgiagassavings]

How to Avoid Sneaky Gas Plan Fine Print Problems

New Post has been published on https://www.georgiagassavings.com/blog/how-to-avoid-sneaky-gas-plan-fine-print-problems/

How to Avoid Sneaky Gas Plan Fine Print Problems

What’s in the Fine Print of Your Gas Plan?

Your natural gas plan probably has some fine print showing the extra costs you’ll face for late bills, early termination, and customer service. Learn what they are so you know how to avoid pay more.

The great thing about the deregulated gas market in Georgia is having the power to choose your natural gas plan. But when you sign up for a plan, you also agree to the terms and conditions of the plan. About 91% of people don’t read the fine print of these kinds of agreements. Unfortunately, that choice could cost you. But don’t worry, today we’re covering how to avoid sneaky gas plan fine print problems.  

Gas Plan Fine Print Charges

Natural gas companies have various charges in their Terms of Service (TOS). We’ll cover some of the most common charges and what you can do to avoid them.

Early termination: charge to end your fixed rate service early. Stick with your plan to avoid this charge unless the savings with another plan outweigh it.

Customer service: a monthly charge to cover the costs of service.

Late: charge for missing a payment, bouncing a check, etc. Set up autopay to avoid this.

Connection: charge to connect new service or service at an existing meter if it has been off more than 10 days.  

Reconnection: charge to connect service if it has been off less than 10 days.

Seasonal reconnection charge: charge to reconnect your gas line after a long period of disconnection. some customers seek to avoid high AGL bills by disconnecting service in the summer. It doesn’t always work out. Avoid these charges by keeping your gas service on even when you don’t need natural gas.

Keep in mind, some suppliers may have more charges. That make is vital to look for these items in the actual TOS because details vary for each supplier.

More Sneaky Items to Look For

There is more information in the TOS that can affect you outside of the charges listed above. Make sure to look out for these items, too.

Deposit: a supplier can collect a deposit for new or existing customers. Minimize or avoid a deposit with good credit and payment histories.

Right of rescission: a brief period when you can cancel your plan without paying a charge. In Georgia, customers have 3 days to cancel after they receive the contract from their supplier.

Agreement termination and expiration: details about what happens at the end of the term of a fixed rate plan. Many suppliers automatically enroll you in a new plan. If you are not looking out for notices about the new plan, you could end up with a less-than-ideal fixed rate plan or significantly overpaying on a standard variable rate plan. To avoid this, mark your calendar to start looking for notices from your supplier according to the details in the TOS. Also, make the time to shop for a cheap fixed rate plan for a seamless transition and maximum savings.

Natural Gas Fine Print Master

When it comes to natural gas plans, you are now a master of the fine print. That means there’s no better time to compare plans (and the TOS) to find a great natural gas rate. At Georgia Gas Savings, we make it easy with plan details, supplier rankings, and TOSs all in one place. So, visit us today at https://www.georgiagassavings.com.

[marcomarasigan]

Article 1279. In order that compensation may be proper, it is necessary:

That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other;

That both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated;

That the two debts be due;

That they be liquidated and demandable;

That over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the debtor.

To illustrate, here is the case of Mondragon vs Sola

FACTS:

Victoriano Sola entered into a contract agreement with Mondragon Inc, a company involves in the manufacturing of various commercial products. Under the contract, Victoriano oblidged himself to provide bodega facilities for the products manufactured by Mondragon, Inc. As a payment therefrom, Victoriano was entitled to a commission or service fees.

However, before the execution of the contract, it was found out that Lina Sola, the wife of Victoriano, was indebted to Mondragon Inc arising from Franchise Distributatory Agreement. This prompted Victoriano to sent a letter to Mondragon bound himself to be solidarily co-debtor for the debt of his wife Lina.

Despite that, Mondragon withheld the payment of service fees to Victoriano as partial payment for the debt of his wife. As a result, Victoriano closed and suspended the operations in his bodega facilities where the products of Mondragon stored. In addition to that, Victoriano filed a case for accounting and rescission of contract against Mondragon but the latter contended that legal compensation is applicable between them since Victoriano already obliged himself to pay the debt of his wife as manifested by the letter sent by him.

ISSUE:

The issue here is whether or not the rule on legal compensation is applicable between Mondragon and Victoriano considering that the latter is not the original or primary debtor for the debt of his wife.

HELD:

Yes, the rule in legal compensation can be applied between Mondragon and Victoriano. Accordingly, when Victoriano obliged himself to be a co-debtor for the debt of his wife, he becomes also a principal debtor to such debt.

Therefore, the Mondragon has a right to recompense against the service fees of Victoriano since they are already considered as both obligors and creditors to each other which is an essential requisite under Art. 1279.

@judgeprincess

Article 1280 of the Civil Code provides:

Notwithstanding the provisions of the preceding article, the guarantor may set up compensation as regards what the creditor may owe the principal debtor.

In other words, despite the provisions under Art. 1279 which exclusively granted both parties a right for compensation provided that they are both debtors and creditos to each other, under Art 1280, the guarantor is also given a right to invoke compensation.

For instance, if A and B are mutually owe each other in the same amount of 100k, their respective guarantor, if any, has a right to compensate to the other party since both parties are both debtors and creditors in each other to the same amount of 100k.