This case has been cited 2 times or more.
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2012-01-30 |
LEONARDO-DE CASTRO, J. |
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| "The right to rescind a contract arises once the other party defaults in the performance of his obligation."[33] "Rescission of a contract will not be permitted for a slight or casual breach, but only such substantial and fundamental breach as would defeat the very object of the parties in making the agreement."[34] In the same case as fraud, the burden of establishing the default of petitioners lies upon respondents, but respondents once more failed to discharge the same. | |||||
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2012-01-16 |
REYES, J. |
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| In doing so, Spouses Viloria are actually asking for a rescission of the subject contracts based on contractual breach. Resolution, the action referred to in Article 1191, is based on the defendant's breach of faith, a violation of the reciprocity between the parties[37] and in Solar Harvest, Inc. v. Davao Corrugated Carton Corporation,[38] this Court ruled that a claim for a reimbursement in view of the other party's failure to comply with his obligations under the contract is one for rescission or resolution. | |||||