Ampil Charts

download Ampil Charts

of 1

Transcript of Ampil Charts

  • 7/30/2019 Ampil Charts

    1/1

    LO-BPS OM

    A. Good Faith Good Faith

    LO-BPS can acquire the materials provided there is fullpayment.

    OM is entitled to full payment for value of materials or OM may remove whatever has been built provided there is no

    substantial injury to work done.

    B. Good Faith Bad Faith

    LO-BPS can acquire materials without paying for thevalue thereof

    and will be entitled to damages for defects or inferiorquality of materials.

    OM loses materials without indemnity and Will be liable for damages to due defects or inferior quality of

    materials.

    C. Bad Faith Good Faith LO-BPS can acquire the materials after full payment Plus damages Same as A plus damages, or Same as A even if there will be substantial injury to work done plus

    damages

    D. Bad Faith Bad Faith

    Same as A Same as A

    LO BPS

    A. Good Faith Good Faith

    OPTION 1: To PURCHASE whatever has been built,

    planted, or sown After paying INDEMNITY which includes

    - Necessary Expenses- Useful Expenses, and- Luxurious Expenses (if the LO wants to

    appropriate the LI)

    To receive indemnity for necessary, useful and luxurious expenses (if LOwants to appropriate the LO)

    With right of retention over the land without obligation to pay rent untilpayment of full indemnity

    To remove useful improvements provided it does not cause ANY injury(this is part of right of retention)

    BPS can remove the LO provided there is NO INJURY to the principalthing if the LO does not appropriate the LI.

    OPTION 2: To OBLIGE the BP to purchase the land or The S to pay proper rent Unless the value of the land is considerably

    more than that of the building or trees

    To purchase the land at fair market value when the value is notconsiderably more than that of the building or trees.

    If BPS cannot pay the purchase price of the land, LO can require BPS toremove whatever

    If the value of the land is considerably more than the value of thebuilding or trees, BPS cannot be compelled to buy the land. In such case,BPS will pay reasonable rent if LO does not choose Option 1.

    B. Good Faith Bad Faith

    OPTION 1: To acquire whatever has been built without

    paying indemnity except NE for preservation ofthe land

    and LO (should LO) Plus damages

    Loses whatever without indemnity plus damages Entitled to reimbursement for NE for preservation of land but NO RIGHT

    OF RETENTION NOT entitled to reimbursement for UE. No right to remove UE even if

    removal will not cause injury. LE except when LO wants to acquire LI (paid at their value time LO

    enters into possession) Entitled to remove LI if it will not cause injury and LO does not want to

    acquire them

    OPTION 2: To oblige BP to buy the land or S to pay rent Plus damages

    Obliged to pay for land or pay proper rentPlus damages

    OPTION 3: To compel BPS to remove whatever has been

    built or Demolish whatever has been built Plus damages

    Obliged to remove or demolish work done at his expense andPay damages

    C. Bad Faith Good Faith

    To acquire whatever has been built, planted, orsown by paying indemnity and damages

    If LO acquires whatever BPS must be INDEMNIFIED the value thereofplus damages

    If LO does not acquire, BPS CANNOT INSIST on purchasing the land. BPS can REMOVE whatever whether or not there will be injury and will be

    entitled to damages.

    D. Bad Faith Bad Faith

    Same as A Same as A