Breach Of Obligation

Question 1

Arises from the modes (Art. 1170)

Answer 1

Voluntary

Question 2

Arises because of fortuitous events/force majeur

Answer 2

Involuntary

Question 3

Will not be permitted for a slight or casual breach of the contract, but only for such breaches as are so substantial and fundamental as to defeat the object of the parties in making the agreement

Answer 3

Rescission

Question 4

Modes of Breach

Answer 4

-Fraud/Deceit (Dolo)
-Negligence (Culpa)
-Delay (Mora)
-Contravention of Tenor
-Absolute Non-performance

Question 5

Is the voluntary execution of a wrongful act or a willful omission, knowing and intending the effects which naturally and necessarily arise from such act or omission

Answer 5

Fraud (Dolo) 1171

Question 6

Deliberate and intentional invasion of the normal fulfillment of obligations

Answer 6

Fraud

Question 7

Any voluntary and willful act or omission which prevents, knowing and intending the effects which naturally arise from such act

Answer 7

Fraud

Question 8

Fraud in the performance of pre-existing obligation

Answer 8

Fraud

Question 9

Cannot cover mistake and errors of judgement made in good faith, ergo synonymous to bad faith (dishonest) purpose or some moral obliquity and conscious doing of wrong

Answer 9

Fraud

Question 10

The element of _________ and _________ the harm done is the test

Answer 10

Intent, Not

Question 11

Kinds of Fraud

Answer 11

-Fraud in performance
-Fraud in the execution/creation/birth of the contract

Question 12

Article of dolo causante

Answer 12

Art. 1338

Question 13

Article of dolo incidente

Answer 13

Art 1344

Question 14

Article of negligence

Answer 14

Article 1172

Question 15

Absence of due diligence

Answer 15

Negligence (Culpa)

Question 16

It is anyvoluntary actor omission on there being no malice which prevents the normal fulfillment of an obligation

Answer 16

Negligence

Question 17

Negligence as a source of obligation

Answer 17

Culpa Aquiliana

Question 18

Fault or negligence which constitutes an independent source of obligation between parties not preveiously found

Answer 18

Culpa aquiliana

Question 19

Negligence in the performance of a contract

Answer 19

Culpa contractual

Question 20

Fault or negligence of the debtor as an incident in the fulfillment of an existing obligation

Answer 20

Culpa contractual

Question 21

A party to a contract is relieved from the effects of his fault or negligence by a thurd person

Answer 21

Insurance

Question 22

Effects of negligence

Answer 22

-Damages are demandable, which the courts may regulate according to circumstance
-invalidates events of fortuitous events

Question 23

Non-fulfillment of obligation with respect to time

Answer 23

Delay (MORA)

Question 24

Article number of MORA

Answer 24

Art 1169

Question 25

Neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the partners fulfill his obligation, delay by the other begin

Answer 25

Reciprocal obligations

Question 26

There can only be delay in

Answer 26

Positive obligation

Question 27

Parties in bilateral contract can regulate the order in which they shall comply with their reciprocal prestations. The fulfillment must be simultaneous and reciprocal

Answer 27

Compensatio morae

Question 28

Ex re referring to

Answer 28

Obligations to give

Question 29

Ex persona referring to

Answer 29

Obligations to do

Question 30

Insertion of the clause “without further notice”

Answer 30

Express stipulation

Question 31

Delay in the performance based on the omission by the creditor of the necessary cooperation, especially acceptance on his part

Answer 31

Mora Accipiendi

Question 32

Debtor becomes liable for damages of the delay

Answer 32

Effects of mora solvendi

Question 33

The creditor becomes liable for damages

Answer 33

Effects of mora accipiendi

Question 34

Deposit a thing due with a court/judicial authorities

Answer 34

Consignation

Question 35

The debtor may relieve himself of the obligation by the consignation of the thing

Answer 35

Effects of mora accipiendi

Question 36

One is not compelled to perform his prestation when the other contracting party is not yet prepared to perform his prestation, default of one compensates the default of the other

Answer 36

Exceptio non adempleti contractus

Question 37

Any illicit act which impairs the strcit and faithful fulfillment of the obligation or every kind of defective performance

Answer 37

Contravention of tenor

Question 38

Malicious or negligent violation of the terms and conditions stipulated in the obligation

Answer 38

Contravention of tenor

Question 39

when demand is not required

Answer 39

-law so provides -express stipulation -period is the controlling motive or principal inducement for the creation of the obligation -when demand would be useless

Question 40

liability for fortuitous events

Answer 40

No person shall be liable for fortuitous event i.e., his obligation will be extinguished

Question 41

Vitiation of consent; Voidable contract

Answer 41

dolo causante

Question 42

Right of the innocent party to annul the contract

Answer 42

dolo causante

Question 43

Does not result in the vitiation of consent

Answer 43

dolo incidente

Question 44

Gives rise to a right of the innocent party to claim for damages

Answer 44

dolo incidente

Question 45

Secure the consent of another to enter into contract BUT fraud was not the principal inducement in making the contract

Answer 45

dolo incidente

Question 46

During the perfection of a contract

Answer 46

dolo causante and dolo incidente

Question 47

total

Answer 47

substantial

Question 48

partial

Answer 48

casual

Question 49

a part is performed

Answer 49

casual

Question 50

amounts to non-performance

Answer 50

substantial

Question 51

Basis for rescission and payment of damages

Answer 51

substantial

Question 52

Gives rise to liability for damages

Answer 52

casual

Question 53

obligation to do

Answer 53

EX PERSONA

Question 54

obligation to give

Answer 54

EX RE