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The court provided that the general rule is that rescission will not be
permitted for a slight or casual breach of the contract, but only for
such breaches as are so substantial and fundamental as to defeat the
object of the parties in making the agreement.
It should be noted that the time of payment stipulated for in the contract
should be treated as of the essence of the contract. There was only a
slight breach of contract when the payment was delayed for 20 days and
does not violate essential condition of the contract which warrants
rescission for non-performance. Furthermore, MR. Dy accepted the
payment of the overdue accounts and continued with the contract,
waiving its right to rescind the same.
1.) No, it is not right to sell pirated VCDs, DVDs and X-rated tapes in the
shadow of a certified video shop. This is the reason why the showbiz
industry is dying. If no one buys the original creations of a film, later
on much of them will crumble and only a few would produce a good
one. Thus, the prohibition in the selling of pirated VCDs or DVDs, we
are supporting the industry to develop more good quality films.
2.) No, buying pirated VCDs, DVDs is contrary to the provisions of the
law. The sale of Illegal copies or downloads of CDs and DvDs
containing music, movies, or software, as well as the prolific sale of
fake or counterfeit goods, is inextricably linked to organized crime.
Thus, one who buys pirated CDs and VCDs are violating special Laws
such Copyright law and Anti-Piracy Law
Case 3: Expired Gravy
1.) The moral issue in the case is the habitual truthfulness amounting
to the existence of good faith. Every person must in the exercise of
its rights must act with justice, give everyone his due and observe
honesty and good faith (Article 19, Civil Code of the Philippines).
2.) As Bartolome, he must serve the client with utmost honesty and
good faith as conducive to principle of morality.