Crime and Civil Liability Overview
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Questions and Answers

What is a criminal action typically punishable by?

  • Fine
  • Probation
  • Community Service
  • Imprisonment (correct)

    • If someone is criminally liable for a felony, they are not also civically liable.

    False

    List the three types of civil liabilities.

    Restitution, Reparation, Indemnification

    A _____ Obligation is one where both parties are bound.

    <p>Bilateral</p> Signup and view all the answers

    Match the types of obligations with their definitions:

    <p>Personal Obligation = To do and not to do Real Obligation = To give; must deliver something Positive Obligation = Obligation to give and to do Negative Obligation = Obligation not to do</p> Signup and view all the answers

    Which of the following is NOT an element of negligence?

    <p>Mutual consent</p> Signup and view all the answers

    Proximate cause refers to any cause that leads to injury, regardless of the sequence.

    <p>False</p> Signup and view all the answers

    What is required to establish a causal relation in negligence?

    <p>There must be a relation of cause and effect between the fault and the damage.</p> Signup and view all the answers

    What type of fraud is committed for the purpose of entering into contracts?

    <p>Dolo Causante</p> Signup and view all the answers

    Civil negligence occurs only when there is a pre-existing contract involved.

    <p>False</p> Signup and view all the answers

    What term refers to the violation of terms and conditions stipulated in an obligation?

    <p>Breach Through Contravention of the Tenor of the Obligation</p> Signup and view all the answers

    A lack of care as required by a reasonable person in similar circumstances is known as __________.

    <p>Negligence</p> Signup and view all the answers

    Which of the following is NOT a type of negligence described?

    <p>Culpa Negligentis</p> Signup and view all the answers

    Match the type of obligation with its definition:

    <p>Contractual Negligence = Negligence leading to breaches in contracts Civil Negligence = Negligence resulting in obligations without a contract Criminal Negligence = Negligence resulting in criminal offenses Breach of Contract = Violation of terms in an agreement</p> Signup and view all the answers

    Fortuitous events exempt individuals from all types of liabilities.

    <p>False</p> Signup and view all the answers

    List one exception to the liabilities that arise from fortuitous events.

    <p>Liability provided by Law; Stipulated by the parties; Assumption of risk.</p> Signup and view all the answers

    Which of the following defines a breach in a contract?

    <p>Failing to fulfill contractual duties</p> Signup and view all the answers

    Involuntary breaches are always due to the fault of the obligor.

    <p>False</p> Signup and view all the answers

    What is 'mora' in the context of contract breaches?

    <p>Delay in the performance of an obligation</p> Signup and view all the answers

    A voluntary breach includes _____, negligence, and fraud.

    <p>delay</p> Signup and view all the answers

    Match the following types of breach with their definitions:

    <p>Voluntary Breach = Breach due to fortuitous events Involuntary Breach = Deliberate or negligent failure to fulfill obligations Delay = Legally referred to as 'mora' Negligence = Failure to act with the care that a reasonably prudent person would exercise</p> Signup and view all the answers

    Which of the following is NOT a requisite for establishing delay (mora)?

    <p>Demand for impossible obligation</p> Signup and view all the answers

    Judicial demand refers to a demand that does not involve the court.

    <p>False</p> Signup and view all the answers

    Describe 'Compensatio Morae'.

    <p>Both parties committed delay for unjustifiable reasons.</p> Signup and view all the answers

    Study Notes

    ### Crime and Civil Liability

    • Crime and civil liability have distinct actions and consequences
    • A criminal act can result in imprisonment, while a civil act can result in a monetary payment
    • If an individual is found criminally liable for a felony, they are also likely civilly liable for damages

    ### Civil Liabilities

    • Restitution/Restoration: Returning something to its original state after damage or loss
    • Reparation: Compensation or payment for harm caused
    • Indemnification: Payment for damages caused to third parties as a result of an action

    ### Classification of Obligations

    As to Nature

    • Personal Obligation: To do or not to do (e.g., a promise to perform a service)
    • Real Obligation: To give (e.g., delivery of an object)

    As to Performance

    • Positive Obligation: To give or to do
    • Negative Obligation: Not to do

    As to the Person Obliged

    • Unilateral Obligation: Only one party is bound to perform
    • Bilateral Obligation: Both parties are bound to perform

    Quasi Delict (Negligence)

    • Article 2176 of the Civil Code specifies the liability for damages caused by negligent acts or omissions
    • Elements of Negligence:
      • There must be fault on the part of the dependent
      • Damage must be suffered by the plaintiff
      • There must be a causal relationship between the fault and the damage

    Proximate Cause

    • Proximate cause is the direct cause of damage, unbroken by any intervening cause
    • It's the cause that, in a natural and continuous sequence, leads to the injury

    Obligations of the Debtor in Real Obligations

    • Specific/Determinate Real Obligations: Involve delivering a specific item
    • Generic/Indeterminate Real Obligations: Involve delivering an item from a specific category

    Fraud (Dolo)

    • Dolo Causante: Fraud committed for the purpose of entering into a contract; deception used to induce someone into entering a contract
    • Dolo Incidente: Fraud committed during the performance of an existing contract; deception occurring after the contract is already in place

    Negligence (Culpa)

    • Culpa Contractual: Negligence in contracts that leads to their breach
    • Culpa Aquiliana: Negligence that gives rise to obligations outside of a contract (quasi-delict)
    • Culpa Criminal: Negligence that results in a criminal offense

    ### Breach Through Contravention of the Tenor of the Obligation

    • This occurs when the obligor violates the terms and conditions of the obligation
    • Contravention refers to acting against or violating a rule or agreement
    • Tenor refers to the main terms or intent of an obligation

    Fortuitous Events

    • Fortuitous events are unexpected events beyond the control of the obligor
    • They are generally exempt from liability
    • Exceptions:
      • Liability is specified by law
      • Liability is stipulated by the parties
      • The risk is assumed by one of the parties

    Types of Breaches

    • Voluntary Breach: Occurs when the obligor intentionally fails to perform
      • Delay/Default/Mora: Failure to perform on time
      • Fraud/Dolo: Deception or misuse of information for personal gain
      • Negligence/Culpa: Lack of proper care and diligence
      • Breach through Contravention of the Tenor of the Obligation: Violation of the terms of the agreement
    • Involuntary Breach: Occurs due to unforeseen events outside the obligor's control
      • Fortuitous events or force majeure

    Types of Voluntary Breaches

    • Delay (Default or Mora): Failure to perform an obligation on time
      • Mora Solvendi: The debtor is delaying
      • Mora Accipiendi: The creditor is delaying
      • Compensatio Morae: Both parties are delaying
    • Requisites for Delay:
      • The obligation must be demandable and liquidated (clear and defined)
      • The debtor must delay
      • There must be a judicial or extrajudicial demand (formal request)
    • Judicial Demand: Involves the court
    • Extrajudicial Demand: Does not involve the court
    • Demand: Can come from a stipulation (agreed upon in the contract), the law, the nature of the the obligation, or unavoidable situations where demand is impossible (rendering the obligation impossible to perform)

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    Description

    This quiz covers the distinctions between crime and civil liabilities, highlighting their consequences and obligations. You will learn about restitution, reparation, and the classification of obligations based on nature and performance. Test your understanding of these important legal concepts.

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