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AllBar 2024CIVIL LAWII. HUMAN RELATIONSB. Unjust Enrichment (Civil Code, arts. 22-23 and 2142-2143)

Question


II. HUMAN RELATIONS

B. Unjust Enrichment (Civil Code, arts. 22-23 and 2142-2143)

Scenario 1:

Albert purchased a piece of land from Brian for a hefty sum of money. However, after a few months, Albert discovered that the land he purchased was actually owned by Clara. Upon further investigation, Albert found out that Brian had intentionally deceived him and misrepresented his ownership of the land. Albert wants to recover the payment he made to Brian.


Question 1:

Can Albert recover the payment he made to Brian based on the principles of unjust enrichment? Discuss the relevant provisions of the Civil Code and explain why or why not.



Scenario 2:

Chelsea, a talented photographer, took beautiful pictures of a famous tourist spot in the Philippines and posted them on her website. She did not give any permission for anyone to use her photos. However, without her knowledge, a travel agency used her photos on their website to promote their tour packages. Chelsea found out about this unauthorized use of her photos and wants to claim compensation.


Question 2:

Can Chelsea claim compensation from the travel agency based on the principles of unjust enrichment? Discuss the relevant provisions of the Civil Code and explain why or why not.



Scenario 3:

Dave and Emily are business partners who co-own a successful restaurant. Due to a dispute, Dave decided to withdraw from the partnership and sell his shares to Emily. Emily agreed to pay Dave a fixed amount as payment for his share. However, after the transaction, Emily realized that Dave had undervalued his shares and she had paid him less than what they were worth. Emily wants to recover the difference in the value of the shares.


Question 3:

Can Emily recover the difference in the value of the shares based on the principles of unjust enrichment? Discuss the relevant provisions of the Civil Code and explain why or why not.



Scenario 4:

Frank borrowed a rare collectible item from Gina, promising to return it after a month. However, after the agreed-upon period, Frank failed to return the item and has been avoiding Gina's attempts to contact him. Gina wants to claim compensation or return of the item from Frank.


Question 4:

Can Gina claim compensation or return of the item from Frank based on the principles of unjust enrichment? Discuss the relevant provisions of the Civil Code and explain why or why not.







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Bar Review Question: II. HUMAN RELATIONS B. Unjust Enrichment (Civil Code, arts. 22-23 and 2142-2143) Scenario 1: Alb