due to the bad weather (it really seems like there's a typhoon, pero hindi daw, hindi...), i decided to give my students a take home exam instead of a sit-down exam.
and just for the heck of it, i am sharing a few questions with you
feel free to attempt to answer them.
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Dobby is a Grade 5 student at the Hogwarts Private School for Boys in Mandaluyong City. Dobby woke up one day when Typhoon “Egay” was wreaking havoc in the Philippine atmosphere and sending rains and winds over Metro Manila. He wanted to sleep and not be sent to school by his mother, but it was the day of their First Quarter Exams in Science and Math. Dobby knew he had no choice.
He was already in school and furiously scribbling down his answers to the Math problems in their exam, when his teacher, Miss Dambeldur, told the class that classes had been suspended due to the really bad weather. Miss Dambeldur instructed all of them to finish the exam, and they would be allowed to go home once they submit their answers. Dobby rushed to finish his exam, not caring if his answers were right or wrong. He was praying that his mother would be able to fetch him from school, as his school bus was scheduled to pick them up later in the afternoon.
After submitting his exam, Dobby asked for permission to leave the school. Without any question or any concern, Miss Dambeldur nodded her head as she was busy texting her own son to inquire about his whereabouts.
There was no security guard at the school gates, as they had gone home as soon as the principal had announced that classes had been suspended. Dobby tried looking for his mother among the throng of “sundos” outside, but he couldn’t find her. Having no other choice but to go home on his own, Dobby took off his shoes and waded through the flooded streets.
About 4 meters from the school, Dobby slipped and couldn’t get up. Everyone around him was busy navigating the floods and didn’t notice him. He was getting cold and shivering in his wet clothes, when he heard his mother shout: “Dobby!!! What are you doing there, anak? What happened to you???”
a. If anything serious or life-endangering had happened to Dobby, could his mother sue Miss Dambeldur and the administrators of the Hogwarts Private School for Boys for not taking care of her son? Why? (10 points)
b. State the provision of law applicable in this case. (5 points) c.
What is a fortuitous event? What are the requisites before it can be applied as a defense to negate liability? (5 points)
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Ariel Revero Records (ARR) is the strongest independent recording company and distributor in the music industry. Its stable of artists is unparalleled, with their albums constantly receiving platinum and gold awards left and right. Unknown to most, the company is in deep financial trouble, after its Chief Financial Officer, Martin Nibera, fled to the US bringing with him 80% of the cash he withdrew from the company accounts of ARR.
Due to the financial difficulties experienced by ARR, it could not pay their obligations to their creditors. Sony Philippines had already sent them a letter demanding payment of P1,350,000.00 for the sound equipment it had delivered to ARR early this year. RPN99 was collecting on the publicity fees (amounting to P350,000.00, plus taxes) that ARR owed them for airing the concert of Mack Milby, an ARR talent, on their Sunday Special last month.
Buying for time, ARR unearthed all their financial records and attempted to put their finances in order. They discovered that Sony Music Philippines, a subsidiary of Sony Philippines, owed them P550,000.00 as royalties, back when they allowed Mack to guest in two of their special album compilations. Meantime, IBC33, a sister company of RPN99 under the same management and administration group, had an outstanding obligation of P480,000.00 to ARR, stemming from unpaid talent fees to five of the recording artists of ARR for hosting their month-long anniversary special last year.
ARR informed Sony Philippines that they owed Sony only P800,000, after offsetting the obligation of Sony Music Philippines. Likewise, ARR communicated to IBC33 that the station must directly pay RPN99 P350,000.00 and remit the balance of their obligation amounting to P130,000 to ARR within 10 days, otherwise ARR will have to file a collection case in court. a. Is ARR correct in applying the debt of Sony Music Philippines to partially fulfill its obligation to Sony Philippines? Explain. (10 points)
b. IBC33 countered that its obligation is to ARR, and that they have no responsibility to pay anything to RPN99. Do you agree? Explain. (10 points)
c. Define and differentiate Confusion and Compensation. Without considering your answers to (a) and (b) above, explain whether or not Confusion and/or Compensation can be applied in this case. (20 points)
d. Sharon Cometa, a good friend and rumored ex-lover of Ariel Revero, the president of ARR, offered to cover the payment for all overdue obligations of ARR as a token of gratitude for all their years of friendship. Ariel graciously declined the offer, yet Sharon issued checks to Sony Philippines and RPN99 to pay, in full, the obligations of ARR to these companies.
i. Sony Philippines rejected the check of Sharon, telling her that they do not accept personal checks. Is this action of Sony valid? (3 points)
ii. RPN99 accepted the check of Sharon, despite the check being made out to “RPN99 President Mr. X.” With the issuance of a receipt of payment, is the obligation of ARR to RPN99 deemed extinguished? (2 points)
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and since it's a takehome exam, good luck to ME who has to read and rate their answers to an all-essay exam... haaaay.
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