MINDTAP BUSINESS LAW FOR MANN/ROBERTS S
MINDTAP BUSINESS LAW FOR MANN/ROBERTS S
17th Edition
ISBN: 9781337094498
Author: Roberts
Publisher: IACCENGAGE
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Chapter 6, Problem 5Q
Summary Introduction

To discuss: The crime that has been committed by the truck drivers.

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A received from X a pendant with diamonds valued at P400,500 to be sold on commission basis or to be returned on demand. In the evening of February 1, 2020, while walking home to her residence, two men snatched her purse containing the pendant and ran away. Subsequently, the snatchers were apprehended and charged. During the pendency of the criminal case, X brought an action against A for recovery of the pendant or of its value and damages. The latter interposed the defense of fortuitous event, but the former contends: (a) that the defense of fortuitous event is untenable because there was negligence on the part of the defendant; and (b) that if the defense is tenable, nevertheless, there must be a prior conviction for robbery before it can be availed of. Decide the case.
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Lewis owned a second-hand car which he bought for RM35,000.00 in cash before the COVID19 outbreak. Due to a tight budget and to cover his credit card debts from his lavish lifestyle, Lewis decided to sell the car. Jimin expressed interest and offered RM15,000.00, which Lewis accepted. After Jimin paid RM15,000.00, he informed Lewis that he would pick up the car a week later. The following day, Lewis's colleague, Daniel, offered to purchase the car for RM25,000.00, which Lewis immediately accepted. He later contacted Jimin informing him that he had sold the car to Daniel and would return the RM15,000.00 paid by Jimin plus RM1500.00 as compensation. Jimin was enraged, insisting that the car belonged to him already, and he was the one who made the first bid and paid in full. Irritated by Jimin's responses, Lewis replied it was his right as the owner to choose the buyer and that he and Jimin had no legally binding contract. Furthermore, the price offered by Lewis was significantly lower…
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