ADE
PRACTICE SESSION CHAPTER Nº5
Case 1:
1. Do you think that the travel agency is right ?
In my opinion, nor the customer or the travel agency are right, That is because it
is not the fault of the wholesaler agency either since a flight controller’s strike is
a success not avoidable by the flight company or in this case the agencies and
it’s not something that was scheduled. Therefore, according to the Spanish Law,
the customer cannot ask for a refund.
2. What kind of obligatory relation exists between the consumer, the agency
and the wholesaler? Who should Mr. Lopez sue? Why?
Between the agency and the consumer there’s a bilateral obligation since both
parties have a credit right and a duty of performance. What is more, the same
obligatory relation exists between the agency and the wholesaler (because what
links them is a contract of sale).
Mr. Lopez can sue the travel agency, the wholesaler agency, the flight company
and also the flight controllers. He can sue the first three examples because they
did not fulfil their part of the contract and he can claim for damages to the
controllers.
3. Could (or should?) Mr. López sue the airline or the airport as well?
As I said before, yes, Mr López can indeed sue both the airline and the airport
since it is part of their responsibility to make flights possible. Besides, flight
controllers are workers of the airport. (JOINT AND SEVERAL
OBLIGATIONS)
Case 2:
1. Do you think that Mr Alan, Mr Ben and Mrs Claudia obligation to pay to
Mr David is joint or joint and several? Which is he consequence of it?
I think it is a joint obligation. The consequence is that each of the debtors only
has to fulfil the part that corresponds to him. And the creditor cannot ask one
single debtor to fulfil the whole performance by himself.
2. If one of the debtors is insolvent do you think his part should severally
rebound to the others?
The Civil Code states in the article 1139 “The insolvency of one of the debtors
does no affect the others”
Case 3:
