FINALS QUIZ Flashcards
(6 cards)
juridical necessity to give, to do or not to do
Obligation
Obligations arise from:
1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
Forms of Breach of Obligations
1. Voluntary – Debtor is liable for damages if he is guilty of:
a. Default (mora);
b. Fraud (dolo);
c. Negligence (culpa); or
d. Breach through contravention of the tenor thereof.
(Art. 1170, NCC)
Debtor is unable to perform the obligation due
to fortuitous event, thus not liable for damages, as a rule.
Involuntary
MENTAL danages
M=MORAL
E=EXEMPLARY
N=NOMINAL
T=TEMPORAL/TEMPERATE
A=ACTUAL
L=LIQUIDATED
include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation,
wounded feelings, moral shock, social humiliation, and similar injury
Moral damages