Module 2

Question 1

What are the 5 breaches of obligation?

Answer 1

1. Complete Failure to Perform
2. Default, Delay or Mora
3. Fraud in the Performance of Obligation
4. Negligence (Culpa) in the Performance of Obligation
5. Contravention of the Tenor of Obligation

Question 2

What are the kinds of Default?

Answer 2

a. Mora Solvendi
b. Mora Accipiendi
c. Compensatio Morae

Question 3

• delay of the debtor to perform his obligation

Answer 3

Mora Solvendi

Question 4

delay of debtor in obligation to give

Answer 4

Ex re- Mora Solvendi

Question 5

delay of debtor in obligation to do

Answer 5

Ex persona- Mora Solvendi

Question 6

delay of the creditor in accepting delivery of

the thing which is object of the obligation.

Answer 6

Mora Accipiendi

Question 7

delay of the parties or obligors in

reciprocal obligations.

Answer 7

Compensatio Morae

Question 8

There is no default unless the creditors make a

Answer 8

demand

Question 9

When does a person obliged to deliver or to do something incur in delay?

Answer 9

Those obliged to deliver or to do something incur in delay from the time oblige judicially or extrajudicially demands from them the fulfilment of their obligation.

Question 10

the demand by the creditor shall not be necessary in order that delay may exist:

Answer 10

1. When the obligation or the law expressly so declares
2. When the law so provides The express provision of law that a debtor is in default.
3. When time is of the essence
4. When demand would be useless, as when the obligor has rendered it beyond his power to perform.
5. In a reciprocal obligations, From the moment one of the parties fulfils his obligation, delay by the other begins

Question 11

What is Dolo?

Answer 11

Fraud

Question 12

consists in the conscious and intentional proposition to

evade the normal fulfilment of an obligation.

Answer 12

Fraud

Question 13

(Fraud in Performance or Fraud in Constitution) Present only during the performance of a preexisting obligation.

Answer 13

FRAUD IN PERFORMANCE

Question 14

(Fraud in Performance or Fraud in Constitution) Employed for the purpose of evading the normal fulfilment of an obligation.

Answer 14

FRAUD IN PERFORMANCE

Question 15

(Fraud in Performance or Fraud in Constitution) Present only at the time of the birth of the obligation.

Answer 15

FRAUD IN CONSTITUTION

Question 16

(Fraud in Performance or Fraud in Constitution) Results in the non-fulfillment of the obligation.

Answer 16

FRAUD IN PERFORMANCE

Question 17

(Fraud in Performance or Fraud in Constitution) Employed for the purpose of securing the consent of the other party to enter into the contract.

Answer 17

FRAUD IN CONSTITUTION

Question 18

(Fraud in Performance or Fraud in Constitution) Results in the vitiation of consent

Answer 18

FRAUD IN CONSTITUTION

Question 19

(Fraud in Performance or Fraud in Constitution)The creditor has the right to recover damages.

Answer 19

FRAUD IN PERFORMANCE

Question 20

(Fraud in Performance or Fraud in Constitution) The innocent party has the right to ask for the annulment
of the contract if fraud is casual, to recover damages
if fraud is incidental.

Answer 20

FRAUD IN CONSTITUTION

Question 21

What is Culpa?

Answer 21

Negligence

Question 22

What is fault or negligence?

Answer 22

The negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time, and of the place. If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required

Question 23

What kind of acts is included in the phrase “in any manner contravene the tenor” of the obligation?

Answer 23

It includes not only any illicit act which impairs the strict and faithful fulfilment of the obligation, but every kind of defective performance

Question 24

is an event which cannot be foreseen which though foreseen is inevitable. Fortuitous event proper are acts of God such as volcanic eruption, earthquake, lightning, etc. is now similar with force majuere or acts of man such as conflagration, war, robbery, etc.

Answer 24

Fortuitous Event

Question 25

Is the obligor responsible for those acts which, could not be foreseen, or which though foreseen, were inevitable?

Answer 25

Generally, no person shall be responsible for those acts which, could not be foreseen, or which though foreseen were inevitable

Question 26

What are the exceptions for fortuitous events as a legal excuse?

Answer 26

1. When expressly specified by law; 2. When otherwise declared by stipulation; 3. When the nature of the obligation requires the assumption of risk (Art. 1174); or 4. When the obligation is generic.

Question 27

What are the requisites of a fortuitous event?

Answer 27

1. Event must be independent of the human will or at least of the obligor’s will; 2. The event could not be foreseen, or if it could be foreseen, must have been impossible to avoid; 3. The event must be of such a character as to render it impossible for the obligor to fulfil his obligation in a normal manner; and 4. Obligor must be free from any participation in the aggravation of the injury resulting to the obligee (Lasam vs. Smith).

Question 28

What are the remedies of the creditor should the obligor fail to perform his obligation?

Answer 28

1. Specific Performance in an obligation to deliver a specific thing (Art. 1165 par. 1); 2. Substitute Performance by a third person in an obligation to deliver a generic thing (Art. 1165 par. 2) and in an obligation to do except in the latter case when the obligation to do us a purely personal act; 3. Rescission 4. Damages

Question 29

Can the injured party choose rescission after he has chosen fulfilment of the obligation?

Answer 29

Yes. Art. 1191. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him.

Question 30

Rescission requires __________ to rescind.

Answer 30

judicial permission

Question 31

judicial permission is not required where the contract itself contains a _________ by virtue of which the obligation may be cancelled in case of breach.

Answer 31

resolutory provision

Question 32

What are the instances when the obligor is liable for damages?

Answer 32

a. Fraud; b. Negligence; c. Delay; and d. Those who in any manner contravene the tenor thereof

Question 33

How shall damages be paid in case both parties have | committed a breach of the obligation?

Answer 33

In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. If it cannot be determined which of the parties violated the contract, the same shall be deemed extinguished, and each shall bear his own damages