This case has been cited 2 times or more.
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2015-09-22 |
DEL CASTILLO, J. |
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| It is a basic principle in law that contracts have the force of law between the parties and should be complied with in good faith.[63] In this case, the contract specifically provides the manner of disposing dredge spoils. Thus, petitioner cannot unilaterally change the manner of disposal without first amending the contract or obtaining the express consent or approval of respondent DPWH. Otherwise, petitioner would be guilty of breaching the contract. "[A] breach occurs where the contractor inexcusably fails to perform substantially in accordance with the terms of the contract."[64] Without a doubt, petitioner's failure to dump the dredge spoils at the designated spoil sites constitutes a breach. | |||||
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2014-08-20 |
VELASCO JR., J. |
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| Thus, in J Plus Asia Development Corporation v. Utility Assurance Corporation,[17] the Court has held: In this jurisdiction, the following requisites must be present in order that the debtor may be in default: (1) that the obligation be demandable and already liquidated; (2) that the debtor delays performance; and (3) that the creditor requires the performance judicially or extrajudicially. (emphasis supplied) | |||||