Podcast
Questions and Answers
What is a criminal action typically punishable by?
What is a criminal action typically punishable by?
If someone is criminally liable for a felony, they are not also civically liable.
If someone is criminally liable for a felony, they are not also civically liable.
False
List the three types of civil liabilities.
List the three types of civil liabilities.
Restitution, Reparation, Indemnification
A _____ Obligation is one where both parties are bound.
A _____ Obligation is one where both parties are bound.
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Match the types of obligations with their definitions:
Match the types of obligations with their definitions:
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Which of the following is NOT an element of negligence?
Which of the following is NOT an element of negligence?
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Proximate cause refers to any cause that leads to injury, regardless of the sequence.
Proximate cause refers to any cause that leads to injury, regardless of the sequence.
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What is required to establish a causal relation in negligence?
What is required to establish a causal relation in negligence?
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What type of fraud is committed for the purpose of entering into contracts?
What type of fraud is committed for the purpose of entering into contracts?
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Civil negligence occurs only when there is a pre-existing contract involved.
Civil negligence occurs only when there is a pre-existing contract involved.
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What term refers to the violation of terms and conditions stipulated in an obligation?
What term refers to the violation of terms and conditions stipulated in an obligation?
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A lack of care as required by a reasonable person in similar circumstances is known as __________.
A lack of care as required by a reasonable person in similar circumstances is known as __________.
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Which of the following is NOT a type of negligence described?
Which of the following is NOT a type of negligence described?
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Match the type of obligation with its definition:
Match the type of obligation with its definition:
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Fortuitous events exempt individuals from all types of liabilities.
Fortuitous events exempt individuals from all types of liabilities.
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List one exception to the liabilities that arise from fortuitous events.
List one exception to the liabilities that arise from fortuitous events.
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Which of the following defines a breach in a contract?
Which of the following defines a breach in a contract?
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Involuntary breaches are always due to the fault of the obligor.
Involuntary breaches are always due to the fault of the obligor.
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What is 'mora' in the context of contract breaches?
What is 'mora' in the context of contract breaches?
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A voluntary breach includes _____, negligence, and fraud.
A voluntary breach includes _____, negligence, and fraud.
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Match the following types of breach with their definitions:
Match the following types of breach with their definitions:
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Which of the following is NOT a requisite for establishing delay (mora)?
Which of the following is NOT a requisite for establishing delay (mora)?
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Judicial demand refers to a demand that does not involve the court.
Judicial demand refers to a demand that does not involve the court.
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Describe 'Compensatio Morae'.
Describe 'Compensatio Morae'.
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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.
