Q. A and B entered into a contract for A to manufacture boxes to be used by B for his export business. B paid the amount of P2M, but A failed to manufacture the boxes despite repeated follow-up of the immediate production of the boxes. B filed a complaint for reimbursement of the P2M. (Solved)

1. The action will not prosper because of lack of demand by B for A to fulfill his obligation;

2. The action will prosper because the follow-up is the equivalent of demand to comply;

3. The action will prosper because in reciprocal obligations rescission is implied in case of non-performance;

4. The action will prosper, otherwise, A will enrich himself at the expense of B.

  • c. The action will prosper because in reciprocal obligations rescission is implied in case of non-performance;
Subscribe Now

Get All Updates & News