Monday, February 20, 2017

Demand is not necessary when contract stipulates date of delivery



SAN FERNANDO REGALA TRADING, INC. vs. CARGILL PHILIPPINES, INC., G.R. No. 178008, October 9, 2013; and CARGILL PHILIPPINES, INC. vs. SAN FERNANDO REGALA TRADING, INC., G.R. No. 178042, October 9, 2013


“In failing to make any delivery under Contract 5047, Cargill should pay San Fernando the profit that it lost because of such breach. Cargill of course points out that San Fernando never wrote a demand letter respecting its failure to make any delivery under that contract. But demand was not necessary since Cargill’s obligation under the contract specified the date and place of delivery, i.e., “October-November-December 1996,” at the Ajinomoto wharf in Pasig.12”