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  • Recall For Obli 2-14-23

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    Roasa Caryl Joshua Suba
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    Art. 1170 of the NCC states that those who are negligent, fraudulent, or delay in fulfilling their obligations must pay damages. Negligence refers to a lack of due diligence or care, while delay means being late in fulfilling obligations. Fraud occurs through insidious words or actions that induce a party to enter a contract they would not otherwise have agreed to. The effects of negligence, fraud, or delay are that the creditor may demand specific performance of the obligation, seek recission of the contract, or claim damages. Fortuitous events can excuse non-performance if they are independent of human will, unforeseen, render performance impossible, and the obligor was not negligent. However, the

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    recall for obli 2-14-23

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    Art. 1170 of the NCC states that those who are negligent, fraudulent, or delay in fulfilling their obligations must pay damages. Negligence refers to a lack of due diligence or care, while delay means being late in fulfilling obligations. Fraud occurs through insidious words or actions that induce a party to enter a contract they would not otherwise have agreed to. The effects of negligence, fraud, or delay are that the creditor may demand specific performance of the obligation, seek recission of the contract, or claim damages. Fortuitous events can excuse non-performance if they are independent of human will, unforeseen, render performance impossible, and the obligor was not negligent. However, the

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    11 views1 page

    Recall For Obli 2-14-23

    Uploaded by

    Roasa Caryl Joshua Suba
    Art. 1170 of the NCC states that those who are negligent, fraudulent, or delay in fulfilling their obligations must pay damages. Negligence refers to a lack of due diligence or care, while delay means being late in fulfilling obligations. Fraud occurs through insidious words or actions that induce a party to enter a contract they would not otherwise have agreed to. The effects of negligence, fraud, or delay are that the creditor may demand specific performance of the obligation, seek recission of the contract, or claim damages. Fortuitous events can excuse non-performance if they are independent of human will, unforeseen, render performance impossible, and the obligor was not negligent. However, the

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    of 1

    Art. 1170 of NCC SHOULD BE MEMORIZED! recission (1191); and 3.

    Seek for damages


    (1170)
    Art. 1170 – those who in the performance of
    their obligations are guilty of fraud, negligence, EFECTS OF delay -> 1. The creditor may demand
    or delay, and those who in any manner specific performance (1233); 2. For recission
    contravene the tenor thereof, are liable for (1191); and 3. Seek for damages (1170)
    damages.
    EFECTS OF in any manner contravene the tenor
    Those who are guilty of performance should pay thereof -> 1. The creditor may demand specific
    damages. performance (1233); 2. For recission (1191); and
    3. Seek for damages (1170)
    What type of fraud? DOLO CAUSANTE OR DOLO
    INCIDENTE? The latter, inceptional fraud, WE PROCEEDED IN FURTUITOUS EVENT:
    because there is contract, an already contract in
    1173 – negligence – of the obligor is determined
    case obligor deliberate or intentional evasion
    depends on the said situation. EX: gabi; sira
    (nandaya) the FRAUD is done.
    ilaw; driving in night time; GROSS NEGLIGENCE.
    DOLO CAUSANTE – hindi it yong fraud
    This provision also provides as a gen. rule, if a
    (pinaniwala moko)
    law or contract does not state the diligence to
    FRAUD – 1338 – there is fraud when, through be observe, ORDINARY CARE shall be required.
    insidious words or machinations, of noe of the
    1174 – acts of god vs. acts of man
    contracting parties, the other is induced to
    enter into a contract, which without them, he Requisite for fortuitous event: REQUISITES OF
    would not have agreed to. FORTUITOUS EVENT:
    NEGLIGENCE (culpa or fault) -> lack of care; due 1. Independent of the human will (or at least of
    diligence -> voluntary act or omission of the obligor’s)
    diligence, there is no malice, which prevents the
    normal fulfillment of an obligation 2. Unforeseen or unavoidable

    DELAAY – Late; deals with punctuality/time. 3. Of such character as to render it impossible


    NOTE, if there’s no demand there is no delay. for the obligor to comply with his obligation in a
    DEMAND is necessary for delay to occur. normal manner

    Contravention of terms of the obligation / those 4. Obligor – free from any


    who in any manner contravene the tenor participation/aggravation of the injury to the
    thereof (volatio) – any illicit acts, impair the obligee (no negligence or imprudence)
    strict and faithful fulfillment of the obligation, or Liability despite FURTUITOUS EVENT:
    every kind of defective performance.
    1. Declared by law: 552(bad faith); 1165
    (in case of delay, shall be still liable
    EFECTS OF FRAUD -> 1. The creditor may inspite of fortuitous event); 1268(anti
    demand specific performance (1233); 2. For fencing law); 1263 (generic thing, genus
    recission (1191); and 3. Seek for damages never perishes; genus nunquam perit)
    (1170) 2. Stipulation in contract
    EFECTS OF negligence -> 1. The creditor may 3. Requires the assumption of risk
    demand specific performance (1233); 2. For

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