Labor Contract Case Study: Diffuser Manufacturing for Renault

Case 9.

1. This case concerns a labor contract under which the contractor, SA Aerodynamicist, undertakes to implement a diffuser for Renault. Renault, in turn, agrees to pay a certain price for the work.

Regarding the first question, we set out the following:

The contract is perfected when Renault makes an offer and Aerodynamic Engineers conduct simultaneous acceptance (Art. 1262 CC). Acceptance is the willingness shown by Aerodynamic Engineers to whom the offer is made, giving their consent to it. This also applies the principle of autonomy, but more limited in supply, because when accepting the offer coincides with the contract is perfected. Acceptance may also be revoked, provided it has not been made known to the offeror.

The time and place where the contract is perfected determine where the obligation is fulfilled and which legislation will govern the contract.

After delivery of the diffuser theory is perfected when Aerodynamic Engineers undertake to manufacture the diffuser.

Finally, let's examine whether Renault is required to pay the remuneration to Aerodynamic Engineers for the construction contract. According to Art 1599 cc, in the absence of an agreement or custom to the contrary, the price of the work shall be paid upon delivery. The contractor is obligated to receive the work once it has been executed in the practical course on April 17, 2009. Confirmation that she had to pay will be confirmed when the client performs the appropriate verification of conformity between the work delivered and the instructions given to do this.

2. As a general rule, the contractor, Aerodynamicist SA, will not be liable for loss or damage to the work after its receipt by the principal, Renault. It is understood that the work perishes to his master means a work accepted when the client performs the appropriate verification of conformity between the work delivered and the instructions given to do this.

In conclusion, Aerodynamicist SA is not responsible for the damage to the diffuser.

3. As you can see, we have a security relationship, where we have Santander and A & F as guarantors for Aerodynamic Engineers as subfiador of Banesto and Santander, both guarantors and subfiadores wrapped in a bond of solidarity which excludes the benefit of discussion, division and order. Therefore, all engineers may be required if wind is not playing its part, if the payer is Banesto, what happens is that when paying Banesto succeeds to the position of Renault, strengthens In Solidarity with its entrenched and resignation benefit of discussion, division and order both in front of his entrenched as the principal debtor.

Another solution would be regarded as co-guarantor Banesto and each answer x by 33%.