Answer to Question #164707 in Law for marie claire millan coligado

Question

1. X employed Y to paint his house dark green. However, due to a paint mix mishap, Y painted X’s house light green. Is Y liable to X?

2. Enumerate and explain the remedies available to the creditor to protect his rights against the debtor.

3. X is required to deliver 50 boxes of corn to Y. However, lightning struck X’s warehouse and it burned to the ground. Is X still obliged to deliver goods to Y?

Answer 1

1.    Yes, despite paint mix mishap Y is still liable to X as based on their employment contract agreement, Y was supposed to X’s house dark green. Thus, as a hire professional, Y should have considered what his client; X wanted based on their agreement. Thus, Y should fix errors made in fulfilling his services to Y and repaint X’s house dark green not light green.

2.    The following are the remedies of the creditor to pursue his claims against the debtor,

 a. pursue the property owned and in possession of the debtor.

b. exercise all the rights and bring all the actions of the debtor (accion subrogatoria).

c. impugn the acts which the debtor may have done to defraud his creditors (accion pauliana).

3.    Depending on contract terms, X might be still obliged to deliver goods to Y. In the event that the contract was drafted without a force majeure clause, X will be obliged to deliver goods to Y as per the initial agreement. However, since the fulfillment of the contract was disrupted by a natural calamity, force majeure may protect X from deliver goods to Y.