Scribd Logo
Upload

Welcome to Scribd!

  • 13 views

    16 - Yu Vs Ca

    Uploaded by

    fhrizz de jesus
    Case Digest- Persons and Family Relations

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    16 - Yu Vs Ca

    Uploaded by

    fhrizz de jesus
    13 views1 page
    Case Digest- Persons and Family Relations

    Original Title

    16- yu vs ca

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Case Digest- Persons and Family Relations

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    13 views1 page

    16 - Yu Vs Ca

    Uploaded by

    fhrizz de jesus
    Case Digest- Persons and Family Relations

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 1

    Yu vs CA (GR No.

    86683, 21 Jan 1993)

    Doctrine: Art. 28 – Unfair Competition ;RIGHT TO PERFORM EXCLUSIVE DISTRIBUTORSHIP, A PROPRIETY


    RIGHT WHICH A PARTY MAY PROTECT.

    FACTS: Petitioner, the exclusive distributor of the House of Mayfair wallcovering products in the
    Philippines, cried foul when his former dealer of the same goods, herein private respondent, purchased the
    merchandise from the House of Mayfair in England thru FNF Trading in West Germany and sold said
    merchandise in the Philippines. Both the court of origin and the appellate court rejected petitioner’s thesis
    that private respondent was engaged in a sinister form of unfair competition within the context of Art. 28 of
    the Civil Code.
    In the suit for injunction which petitioner filed before the RTC of the National Capital Region stationed in
    Manila, petitioner pressed the idea that he was practically by-passed and, that private respondent acted in
    concert with the FNF Trading in misleading Mayfair into believing that the goods ordered by the trading firm
    were intended for shipment to Nigeria although they were actually shipped to and sold in the Philippines.
    Private respondent professed ignorance of the exclusive contract in favor of petitioner and asserted that
    petitioner’s understanding with Mayfair is binding only between the parties thereto.

    ISSUE: WON there is an unfair competition?

    HELD: Yes. The are proprietary rights which a party may protect and which may otherwise not be
    diminished, nay, rendered illusory by the expedient act of utilizing or interposing a person or firm to obtain
    goods from the supplier to defeat the very purpose for which the exclusive distributorship was
    conceptualized, at the expense of the sole authorized distributor.

    Another circumstance which respondent court overlooked was petitioner's suggestion, which was not
    disputed by herein private respondent in its comment, that the House of Mayfair in England was duped into
    believing that the goods ordered through the FNF Trading were to be shipped to Nigeria only, but the goods
    were actually sent to and sold in the Philippines. A ploy of this character is akin to the scenario of a third
    person who induces a party to renege on or violate his undertaking under a contract, thereby entitling the
    other contracting party to relief therefrom (Article 1314, New Civil Code). The breach caused by private
    respondent was even aggravated by the consequent diversion of trade from the business of petitioner to
    that of private respondent caused by the latter's species of unfair competition as demonstrated no less by
    the sales effected inspite of this Court's restraining order.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy