Practice question
A party wholly repudiates an essential reciprocal undertaking, and a substantial breach is proved. The injured party seeks resolution and legally established damages. The breaching party says contracts’ force of law means they can never be resolved. Which is correct?
- Every contract is indestructible
- Only the breaching party may choose relief
- The injured party has no remedy
- Damages are always forbidden
- Article 1191 supplies a resolution remedy for qualifying reciprocal breach
Legal references
- Civil Code, Articles 1159,1191,1249,1308,1314-1316,1319,1322-1326,1933-1934,1962 and1980: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Song Fo & Co. v. Hawaiian Philippine Co., G.R. No.23769, September 16, 1925, MAIN decision, substantial breach: https://lawphil.net/judjuris/juri1925/sep1925/gr_23769_1925.html
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