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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSG. Judicial Decision (Civil Code, Art. 8)

Question

EFFECT AND APPLICATION OF LAWS: JUDICIAL DECISION

Alice, a resident of Manila, entered into a contract with Bob, a resident of Cebu, for the purchase of a vintage car. After inspecting the car, Alice paid Bob the agreed amount and took possession of the vehicle. However, a few days later, Alice discovered that the car had serious mechanical issues that were not disclosed by Bob prior to the sale. Alice demands a full refund from Bob, claiming that he violated his obligation to provide accurate and complete information about the car.

Bob refuses to refund the payment, arguing that the sale was "as-is" and that Alice should have conducted her own thorough inspection before purchasing the car.

  1. Under Philippine law, what is the effect of judicial precedent on the resolution of this case? Explain.
  2. Can Alice rely on previous court decisions involving similar cases to strengthen her claim for a refund? Discuss.
  3. In determining the outcome of this case, what are the factors that the court should consider? Provide at least three (3) relevant factors and explain their significance.
  4. Suppose the court rules in favor of Alice and orders Bob to refund the payment, can Bob still file an appeal? What are the possible grounds for an appeal in this scenario? Discuss.



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