Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 6, Problem 5Q
Summary Introduction
To discuss: The crime that has been committed by the truck drivers.
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A received from X a pendant with diamonds valued at P400,500 to be sold on commission basis or to be returned on demand. In the evening of February 1, 2020, while walking home to her residence, two men snatched her purse containing the pendant and ran away. Subsequently, the snatchers were apprehended and charged. During the pendency of the criminal case, X brought an action against A for recovery of the pendant or of its value and damages. The latter interposed the defense of fortuitous event, but the former contends: (a) that the defense of fortuitous event is untenable because there was negligence on the part of the defendant; and (b) that if the defense is tenable, nevertheless, there must be a prior conviction for robbery before it can be availed of. Decide the case.
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