Obligations Arising from Contracts

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Questions and Answers

What type of liability arises from quasi-delicts?

  • Only for acts performed by others
  • Only for criminal acts
  • For both personal acts and acts of others (correct)
  • Only for personal acts

The obligation imposed by Article 2176 requires criminal intent.

False (B)

Who is responsible for damages caused by minor children living in their company?

Parents or guardians

Employers are liable for damages caused by their employees when acting within the scope of their assigned ___ .

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

Match the following types of liability with their descriptions:

<p>Quasi-delict = Liability for one's own acts and those of others Criminal liability = Liability for violations against the state Civil liability = Liability without criminal intent Parental liability = Liability for damages caused by minor children</p> Signup and view all the answers

Which of the following statements is true regarding liability for damages?

<p>Employers have civil liability for acts of their employees. (B)</p> Signup and view all the answers

The State is responsible for damages caused by its agents.

<p>True (A)</p> Signup and view all the answers

Liability for damages can also arise from the acts of ___ employed in an establishment.

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

What type of fruits are produced by cultivation or labor?

<p>Industrial Fruits (A)</p> Signup and view all the answers

A debtor has a real right against the world before delivering the obligor's performance.

<p>False (B)</p> Signup and view all the answers

What is the nature of a personal right?

<p>It provides a power to demand something from a definite passive subject. (C)</p> Signup and view all the answers

What is the primary right of a creditor regarding the delivery of goods?

<p>Right to compel delivery</p> Signup and view all the answers

Real rights can be exercised against a determinate person only.

<p>False (B)</p> Signup and view all the answers

What do all accessions and accessories included in an obligation refer to?

<p>They are things that must be delivered along with the principal thing.</p> Signup and view all the answers

The debtor is liable for _____ in cases of fraud, negligence, or delay.

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

A personal right is the power of a _____ to demand something from another person.

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

What is considered a legal excuse for breach of obligation or delay?

<p>Fortuitous event (B)</p> Signup and view all the answers

Match each term with its corresponding description:

<p>Fruits = Yield from land due to human labor Generic Thing = Class of objects confined to a particular outline Obligation = Legal duty to deliver or perform Damages = Compensation due to breach of obligation</p> Signup and view all the answers

Match the terms with their definitions:

<p>Accessions = Items added to a principal thing Negligence = Failure to exercise appropriate care Generic Thing = A thing not specifically determined Natural Fruits = Spontaneous products of the soil</p> Signup and view all the answers

Which article outlines the action for substituted performance?

<p>Article 1165</p> Signup and view all the answers

Which of the following is a characteristic of a generic thing?

<p>It is binding against the whole world. (A)</p> Signup and view all the answers

A creditor can ask for rescission before the happening of a resolutory condition.

<p>True (A)</p> Signup and view all the answers

Obligations to give determine that all accessions and accessories must be included in the obligation.

<p>True (A)</p> Signup and view all the answers

What is the significance of a passive subject in an obligation?

<p>The passive subject is the person from whom a prestation is demanded.</p> Signup and view all the answers

Which statement best describes the principle of autonomy of will in contract law?

<p>It requires that both parties reach a mutual agreement. (A)</p> Signup and view all the answers

Obligations arising from contracts do not require good faith.

<p>True (A)</p> Signup and view all the answers

What does it mean when a contract is considered valid and enforceable?

<p>It means that the contract is legally binding and must be complied with as agreed upon by both parties.</p> Signup and view all the answers

An offer must be ______ and definite to create a binding contract.

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

What is required for a recovery of damages if a contract is not perfected?

<p>The offeree must incur expenses in good faith. (D)</p> Signup and view all the answers

Match the articles with their corresponding statements:

<p>Art. 1305 = A contract is a meeting of minds. Art. 2154 = Obligation to return unduly delivered items. Art. 2176 = Liability for wrongfully received items without right. Art. 1611 = Civil obligations arising from a criminal offense.</p> Signup and view all the answers

Withdrawal of an offer can be executed without any legitimate reason.

<p>False (B)</p> Signup and view all the answers

What is meant by 'solutio indebiti'?

<p>It refers to the obligation to return something received when there is no right to demand it.</p> Signup and view all the answers

Which article describes the obligations arising from quasi-delicts?

<p>Article 2176 (D)</p> Signup and view all the answers

A civil action is suspended if there is an ongoing criminal action.

<p>False (B)</p> Signup and view all the answers

What type of negligence serves to increase liability arising from a contractual obligation?

<p>Fault or negligence of the debtor</p> Signup and view all the answers

According to Article 34, parties have a duty to render protection to ___ or property.

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

Match the following articles with their main focus:

<p>Article 31 = Violations of constitutional rights Article 33 = Defamation and fraud Article 34 = Protection of life and property Article 2176 = Liability for negligence</p> Signup and view all the answers

What is considered an independent source of obligation between parties not previously bound?

<p>Quasi-delict (C)</p> Signup and view all the answers

The concept of quasi-delict can arise even with a pre-existing contractual relation.

<p>False (B)</p> Signup and view all the answers

What is required for a person to be obliged to compensate for damages caused by their act or omission?

<p>There must be fault or negligence.</p> Signup and view all the answers

Under what condition can corporations be held civilly liable for crimes committed in their establishments?

<p>If there is a violation of municipal ordinances (A)</p> Signup and view all the answers

Employers are only liable for the actions of their employees if there is a previous conviction for a crime.

<p>False (B)</p> Signup and view all the answers

What is the term used for the liability that arises when an employer is responsible for the crimes committed by their employees?

<p>Subsidiary liability</p> Signup and view all the answers

According to Article 2175, a person who is constrained to pay taxes shall be entitled to reimbursement from the ___ person.

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

Match the type of liability with its description:

<p>Subsidiary Liability = Liability that arises due to the actions of another Civil Liability = Obligation to compensate damages to a victim Criminal Liability = Responsibility for acts that violate criminal law Primary Liability = Direct responsibility for one's own actions</p> Signup and view all the answers

If a third party pays a debt on behalf of someone else without their knowledge, what governs their rights regarding reimbursement?

<p>Articles 1236 and 1237 (C)</p> Signup and view all the answers

A person who objects to a community project aimed at public safety is exempt from any expense related to that project.

<p>False (B)</p> Signup and view all the answers

The process of instituting a civil action for the recovery of civil liability is deemed ___ with the criminal action unless waived by the offended party.

<p>deemed instituted</p> Signup and view all the answers

Flashcards

Force of Law of Contracts

Contracts have the force of law and must be complied with in good faith. This principle emphasizes the importance of upholding agreements between parties.

Pre-Contractual Obligation

A pre-contractual obligation arises when an offeror makes a clear and definite offer, causing the offeree to incur expenses in anticipation of entering into a contract. If the offer is withdrawn without a legitimate reason, the offeror may be liable for damages.

Solutio Indebiti

When someone receives something that they are not entitled to, and it was delivered due to a mistake, they have an obligation to return it. This concept is called Solutio Indebiti (Payment Not Due).

Contract Definition

A contract is a legally binding agreement between two or more parties where one promises to do something in exchange for something else.

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Civil Obligations in Criminal Offenses

Civil obligations arising from criminal offenses are governed by penal laws, subject to civil liability. In other words, a criminal act can also result in civil consequences.

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Negotiorum Gestio

When someone benefits from the actions of another without their knowledge or consent, they may have an obligation to compensate them. This concept is called Negotiorum Gestio.

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Delicts (Crimes) and Civil Liability

Acts or omissions punished by law are considered delicts or crimes, and can result in civil liability.

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Quasi-Contracts

A quasi-contract is a legal obligation arising without a formal agreement, based on principles of fairness and equity. It typically involves situations where someone provides necessary support to another.

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Subsidiary Liability for Crime

A legal principle that holds employers responsible for crimes committed by their employees while acting within the scope of their employment.

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Employer's Primary Liability for Contract Violation

A legal principle stating that an employer is primarily and independently liable for a contract violation by their employee, even if the employee committed a crime in the process.

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Liability for Community Protection Expenses

When a community gathers to protect itself from lawlessness, fire, or other calamities, any individual who benefits from the project but refuses to contribute financially is liable for their share of the expenses.

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Reimbursement for Paid Taxes

A legal principle stating that individuals forced to pay taxes for another person have the right to seek reimbursement from the individual responsible for those taxes.

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Automatic Civil Action in Criminal Proceedings

When a criminal action is initiated, a civil action for damages related to the crime is automatically deemed to be instituted as well, unless the victim specifically waives that right.

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Separate Civil Action Following Criminal Proceedings

The victim of a crime has the option to separately initiate a civil action for damages, even after the criminal action is settled.

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Rights and Obligations of the Finder of Lost Property

A legal principle governing the finder of lost property, outlining their rights and obligations regarding the found property.

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Payment of Debt by a Third Party

When someone pays a debt owed by another person without the debtor's knowledge, the rights of the payer are governed by the principles of recovery and subrogation.

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Culpa Contractual

Obligations arising from a contract, including negligence in fulfilling contractual terms.

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Culpa Aquilana

Obligations arising from acts or omissions that cause damage, but not based on a pre-existing contract.

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Separate Civil and Criminal Actions

A civil action does not stop or delay a criminal action, even if both actions involve the same event.

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Quasi-Delict

The act of causing harm to another through fault or negligence. This is a general principle of law.

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Proximate Cause

The negligence of the defendant must be the direct cause of the damage for them to be held liable.

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Duty of Care

A duty of care exists even when no contract is in place. The law requires individuals to prevent causing harm to others.

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Negligence in a Contract vs. Quasi-Delict

Negligence in a contract is a breach of the contractual duty, whereas negligence in a quasi-delict is a separate source of liability.

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Basis of Quasi-Delict Liability

The principle that one's fault or negligence cannot harm others without consequence; responsibility for harm must fall on the person who caused it.

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Crime

A wrongful act or omission that violates public rights and is punishable by the state.

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Liability for Fault of Others

The legal responsibility for the actions or omissions of another person.

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Criminal Intent

The intent to commit a criminal act.

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Preponderance of Evidence

The burden of proof required in a civil case, where the plaintiff must show that it is more likely than not that the defendant is liable.

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Beyond a Reasonable Doubt

The burden of proof required in a criminal case, where the prosecution must show beyond a reasonable doubt that the defendant is guilty.

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Parental/Guardian Liability

The responsibility of a parent or guardian for the actions of their minor child or ward.

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Employer Liability

The responsibility of an employer for the actions of their employees, when acting within the scope of their employment.

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Real Right

A right that gives a person direct and immediate power over a specific thing. Example: Rights of ownership and possession.

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Personal Right

A right that empowers a person (creditor) to demand something from another person (debtor). Example: Right to collect payment on a loan.

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Determinate Thing

A thing that is individually determined, meaning it is specifically identified and can be distinguished from other things. This could be a specific car, painting, or piece of land.

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Generic Thing (Indeterminate)

A thing that is not specifically defined. It is one of a kind, like a specific car, painting, or piece of land.

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Natural Fruits

The natural growth of the soil and the young of animals. Examples include fruits, grains, and calves.

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Industrial Fruits

The products derived from a thing that is produced through human labor or industry. Examples include crops from a field, livestock, or manufactured goods.

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Accesions and Accessories

Things that are naturally attached to or inherent in another thing. Examples include the keys to a car, the wheels of a bicycle, or the roof of a house.

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Accessory Follows Principal

The principle that all accessions and accessories are considered included in the obligation to deliver a determinate thing. This means that the recipient of the thing also receives everything that naturally belongs to or is attached to it.

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Civil Fruits

Things derived from a legal relationship, such as rent from a property or interest from a loan. These fruits are more about the legal relationship and less about direct human effort.

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Generic Thing

Generic objects that can be replaced by any equivalent item of the same kind. It is not a specific, identifiable object.

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Quality Intended by the Debtor

Creditors have the right to demand the delivery of a thing that is of the quality intended by the debtor. This quality must be suitable for the purpose of the obligation.

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Creditor's Right to Reasonable Quality

A creditor has the right to ask for the delivery of a thing that meets the minimum quality standards, taking into account the purpose of the obligation and other circumstances. Even if there's slight inferiority, the creditor has a right to a reasonable quality thing.

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Class of Generic Thing is a Determinant

Generic things are confined to a particular class, making the class itself a determinate object. E.g. If a contract is for "a car", the class "car" itself becomes determinate, even though the specific car isn't specified.

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Right to Specific Performance

A creditor can demand specific performance of an obligation, meaning the debtor must fulfill the exact terms of the agreement. This applies to obligations involving specific things.

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Right to Damages for Breach

A creditor can demand damages for breach of contract, such as when the debtor fails to deliver a thing, delays delivery, or doesn't deliver a thing of the agreed-upon quality.

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Study Notes

Obligations Arising from Contracts

  • Contracts have the force of law, requiring compliance between parties.
  • Obligations arise in good faith.
  • Exceptions include:
    • When property or business isn't neglected/abandoned (valid/enforceable contract).
    • When a manager has been tacitly authorized).

Pre-contractual Obligations

  • Damages can be claimed if a contract isn't finalized.
  • Requirements include a clear and definite offer to leave the offeree in good faith to incur expenses.
  • Offer withdrawal must be legitimate. Liability for illegitimate withdrawal is based on Article 2176 or 19 depending on the offeror's fault/negligence.

Solutio Indebiti (Payment Not Due)

  • If something is received without having a right to it (through mistake), the obligation to return it arises (Article 2154).

Contracts (Article 1305)

  • A contract is a meeting of the minds where one party binds themselves to the other to give or perform service.
  • Requisites:
    • No right to receive the thing delivered.
    • The thing was delivered through mistake.

Quasi-Contracts (Support Given by Strangers)

  • Obligations arising from actions of strangers assisting.

Acts (or Omissions) Punished by Law

  • Civil obligations arising from a criminal offense are governed by penal laws; government's liability arises if a person fails to comply with health/safety regulations.
  • Innkeepers, tavern keepers, etc. are civilly liable for crimes committed within their establishments (by employees).
  • Employers have subsidiary liability for crimes committed by employees during their duties in the performance of their duties (if the action is based on contract, liability is primary and independent).

Rights and Obligations of Finder of Lost Property

  • Governed by Articles 719 and 720.

Right to Reimbursement for Expenses

  • Possessor in good faith is entitled to reimbursement for necessary and useful expenses (Article 546).

Payment by Third Party

  • A third party paying a debt has rights to recover from the debtor (Articles 1236 and 1237).

Civil Liability Arising from Crime (Article 1611)

  • Civil liability is governed by penal laws.

Civil Action and Criminal Actions

  • Civil action is deemed instituted with the criminal action unless the offended party waives the civil action.
  • Actions may proceed independent of the criminal action.

Culpa Aquiliana (Quasi-Delict)

  • Damage caused by an act/omission, negligence/fault without a pre?existing contract, is governed by Articles 2176—2194.
  • Liability arises from negligence (proximate cause), regardless of pre-existing relations.

Culpa Contractual

  • Negligence is governed by Articles 1179 et seq. when there is a pre-existing contractual relation.
    • Negligence in the performance of a contractual obligation increases liability as an incident in the fulfillment of the contract.

Quasi-Delicts vs. Crimes

  • Quasi-delicts are private wrongs against individuals, Crimes are public wrongs against the state.
  • Criminal intent isn't necessarily needed for liability; liability is for the individual's and others they are responsible for actions and or omissions.

Article 2180 (Liability for Fault of Others)

  • Parents/guardians are responsible for damage caused by minors/incapacitated persons under their authority and living in their company.
  • Employers are responsible for damages caused by their employees and household helpers (within the scope of employment).

Forms of Redress

  • Reparation of injury, imprisonment, compensation, and indemnification.
  • The state is responsible when acting through an agent, not if the damage was caused by an official who acted improperly.

Real Rights vs. Personal Rights

  • Real Rights: Rights over a specific thing without a definite passive subject.
  • Personal Rights: Rights one person has to demand something from another.

Generic Things (Indeterminate)

  • Creditor can't demand a specific quality. Debtor can't deliver inferior quality.
  • Generic things are not limited to a particular object; the purpose and circumstances are crucial.
  • Creditor may demand specific performance at debtor's cost (Article 1165); correlative rights of obligee/creditor.

Duties of the Obligor/Debtor

  • Delivering a thing of the intended quality.
  • Liability for damages (fraud, negligence, delay, or contravention of obligation).
  • Fortuitous events as a legal excuse for breach are applicable, contingent on the nature of the obligation and whether it's stipulated that risk is assumed.

Rights of a Creditor

  • Compel specific performance; ask for rescission/damages.
  • Right to damages for failure to deliver, fraud, negligence, delay, loss/deterioration of the specific thing among other issues,

Specific vs. Generic Things

  • Debtor remains liable for the loss of a specific item but not a generic one; exception is where loss occurs due to fortuitous event in pre-existing contractual agreements for certain services.

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