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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Facts: A cafe owner, Luz, is out of town for five days. Her neighbor Kai notices a serious electrical fault in the cafe that could cause a fire. Without Luz’s knowledge or consent, Kai shuts off the mains, arranges for an emergency electrician, and buys replacement circuit breakers and wiring materials totaling 7,480 pesos to stop the danger. The repairs are completed and Luz returns, refusing to reimburse Kai, claiming he acted without authority. (a) Does Kai's conduct constitute negotiorum gestio? (b) If yes, what expenses are recoverable from Luz and under what conditions? (c) If Luz ratifies Kai's acts or if Kai's actions were not beneficial, what remedies would Kai have?

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No; negotiorum gestio requires express consent from the owner before any act to preserve property. Yes; the gestor may also seek damages for his time spent and inconvenience. Yes; the reimbursement covers expenses that were necessary to prevent imminent harm to the owner's property and, where reasonable and beneficial, expenses actually incurred to preserve the property, provided the gestor acted in good faith; the owner must reimburse for such expenses if the act benefits the owner or if the owner later ratifies; if the act was not beneficial or not ratified, the gestor has no right to reimbursement. Yes; only the monetary cost of goods purchased by the gestor is reimbursable; labor and services are not.

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