Professional Documents
Culture Documents
ORDINARY DELAY
-
Legal delay
-
demand
So that one can get damages and interest
Interest is not due unless its agreed upon unless youre in legal
delay
1170
Those who in the performance
Moral damages
-
Exemplary damages
-
Liquidated damages
-
Attorneys fees
-
money will go to the one suing for the payment of the lawyer
will not go to the lawyer
perfection
there is an offer and performance
performance
-
there is delivery
someone delivered and payed
NO!!!
article 1338
inducement of entering into the contract
actual fraudulent inducement
fraud in order to invalidate the contract fraud must be serious
fraud as an incident
the fraud was the main cause of the problem
person will not have perfected the contract if one knows about
the fraud
can file case for the annulment
DOLO INCIDENTE
-
YES
NEGLIGENCE
What is the standard at which I will be held liable for damages
Omission of the diligence which is required by law, parties or the
nature of theobligation
If theres a bad faith in negligence its not negligence anymore its
fraud
If in good faith?
-
If in bad faith
-
Contributory Negligence
-
rescip soliqitur
-
1338
fraud when through insidious words
there is fraud where through insidious words the other is induced to
enter into contract
1344
fraud must be serious to be annulled
delay
-
compensato more
o if one is ready to pay but the other cannot deliver the
one is in dlay
o no need to demand since its reciprocal obligation
Fortuitous event
An event that is unforeseeable or even if foreseeable its
unavoidable
condition
Obligation is void when its dependent upon the will of the debtor
Impossible condition
-
the obligation
against the law
1180
1191
-
Donation
-
Article 1192
-
mutual breach
person is liable
o liability is smaller because both parties breached
Period
-
Resolutory obligation
-
Suspensive Period
-
Alternative Obligation
-
plurality of obligation
any of the prestation may suffice to fulfill the obligation
the debtor has the choice to deliver any of the
prestation
if one of the thing is lost or destroyed
o fortuitous event
debtor is not liable
debtor will choose from the remaining things
o destroyed some things
Solidary Obligation
-