ICCT Colleges Foundation, Inc.
Law on Obligations and Contracts (CBBL-01)
NAME: BRAVO, JEZZA MAE V.
SECTION: OLSA11A8
ACTIVITY CHAPTER 1
ESSAY:
Direction: Explain the following statements/question in not less than 5 sentences.
1. Enumerate and explain the 2 Kinds of Quasi-contract. (10points)
ANSWER: First, let us define what is quasi-contract. It is a commitment
foisted by law in order to fend off an individual from taking advantage of
another. Wherein it is created by a judge or operation by the law to correct
a situation that one party obtain something to another. In short, the quasicontract will be the way to remedy a circumstance of the two parties who
have no obligations to one another. According to my own understanding
there are 5 kinds of quasi-contract namely, supply of necessities, payment
by an interested person, obligation pay for non-gratuitous acts,
responsibilities of finder goods and mistake or coercion. However, there are
two acts or kinds that give rise to quasi-contract. The Negotiorum gestio and
Solutio indebiti. The Negotiorum gestio is the nonmandatory management
of the business, property or another affair without the consent or authority
wherein it affects and allow to commit the party to recompense for the
necessary expense that the party had spent. For example, my mom left our
coffee shop because we are a going to have a vacation then unexpected
typhoon hits our coffee shop that cause to damage our glass and windows.
However, our neighbor does something to prevent damaging our overall
coffee shop. In that way our neighbor spent necessary expenses which
needs to be reimbursed in order to unjustly enrich my mom at the expense
of our neighbor. In short, my mom is the 'principal' and our neighbor is the
'gestor' and the act of which saved our coffee shop is the negotiorum gestio.
While, the Solutio indebiti talks about how a payment is mistakenly returned
or received that leads to create an obligation to return such payment. For
example, I bought shoes to vans store. I gave 3,500 since the cost of the
good is 3,100 yet I receive a change of 500, in that case I am responsible to
return the excess change which is 100 in order for me not to unjustly
enriching at the expense of vans store.