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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

During an unusually heavy rainstorm, Ms. Reyes’ hillside property is at imminent risk of damaging a neighboring house. Without Reyes’ knowledge or consent, Omar volunteers to prevent the disaster, hires a crew, and spends ₱16,900 to build a temporary retaining wall and install drainage. After the crisis, Reyes refuses to reimburse Omar. (a) Does Omar’s action constitute negotiorum gestio (Other Quasi-contracts)? (b) What amount is Reyes obligated to reimburse Omar for, and on what basis? (c) If Reyes later ratifies Omar’s acts, what effect does ratification have on Omar’s right to reimbursement?

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No; The action does not constitute negotiorum gestio because there was no prior written consent from Reyes. Yes; Ratification cannot affect Omar’s right to reimbursement since the acts were performed without consent and cannot be validated afterward. Yes; Reyes must reimburse Omar for ₱16,900 as the actual necessary expenses incurred to prevent imminent harm to the neighbor’s property; ratification would validate the acts and bind Reyes to reimburse. Yes; Reyes must reimburse ₱16,900, but only for the value of Omar’s labor, not the costs of materials or equipment used.

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