Validating sale of mortgage

The court thus concluded that the patient’s right of self-decision can only be effectively exercised if the patient possesses adequate information to enable him in making an intelligent choice.The scope of the physician’s communications to the patient, then must be measured by the patient’s need, and that need is whatever information is material to the decision.

Thereafter, a new juridical relation arises between the two persons who remain – the lessor and the assignee who is converted into the new lessee.

Since there is no breach of contract in this case, respondents are not entitled to moral damages.

In the absence of moral, temperate, liquidated or compensatory damages, exemplary damages cannot be granted for they are allowed only in addition to any of the four kinds of damages mentioned. Article 1174 of the Civil Code provides: “Except in cases expressly specified by the law, or when it is otherwise declared by stipulation or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which though foreseen, were inevitable.” A perusal of the construction agreements shows that the parties never agreed to make LCDC liable even in cases of . Thus, in the occurrence of events that could not be foreseen, or though foreseen were inevitable, neither party should be held responsible.

From the letters sent by Macgraphics to Goodyear, it is apparent that Macgraphics had to study and determine both the legal and practical implications of entertaining Goodyear as a client. The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary.

After review, Macgraphics found that consenting to the assignment would entail the commitment of manpower and resources that it did not foresee at the inception of the lease. (n) In an assignment of a lease, there is a novation by the substitution of the person of one of the parties – the lessee.

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