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Q. |
A and B entered into a contract for A to manufacture boxes to be used by B for his export business. B paid the amount of P2M, but A failed to manufacture the boxes despite repeated follow-up of the immediate production of the boxes. B filed a complaint for reimbursement of the P2M. |
A. | The action will not prosper because of lack of demand by B for A to fulfill his obligation; |
B. | The action will prosper because the follow-up is the equivalent of demand to comply; |
C. | The action will prosper because in reciprocal obligations rescission is implied in case of non-performance; |
D. | The action will prosper, otherwise, A will enrich himself at the expense of B. |
Answer» C. The action will prosper because in reciprocal obligations rescission is implied in case of non-performance; |
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