1344 present during the perfection of a contract

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Unformatted text preview: n of consent; voidable contract Gives rise to a right of an innocent party to annul the contract Incidental Fraud (Art. 1344) Present during the perfection of a contract Purpose is to secure the consent of the other party but the fraud was not the principal inducement in making the contract Does not result in the vitiation of consent Gives rise to a right of an innocent party to claim for damages NOTE: Future fraud cannot be waived. However, the law does not prohibit renunciation of the action for damages on the ground of fraud already committed. REMEDIES OF DEFRAUDED PARTY • Insist on specific performance (Art 1233) • Resolve contract (Art 1191) • Claim damages, in either case NEGLIGENCE • 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. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see KINDS OF NEGLIGENCE this picture. 1. Quasi-Delict (Culpa aquiliana/culpa extra contractual)- source of obligation 2. Contractual Negligence (Culpa Contractual)negligence in the performance of a contract • NOTE: Negligence can be waived except in cases where the nature of the obligation or public policy requires another standard of care. EXCEPTIONS: Nature of Obligation of a Common carrier FRAUD V. NEGLIGENCE Fraud There is deliberate intention to cause damage. Liability cannot be mitigated. Waiver for future fraud is void. Negligence There is no deliberate intention to cause damage. Liability may be mitigated. Waiver for future negligence may be allowed in certain cases KINDS OF NEGLIGENCE, DISTINGUISHED Culpa Aquiliana Culpa Contractual Negligence is Negligence merely an substantive and incident of performance independent of an obligation There may or may There is a pre-existing not be a pre-existing contractual relation contractual obligation Source of the Source of the obligation obligation is the is the breach of the negligence itself contractual obligation Negligence must be Proof of existing of the proved contract and its breach is prima facie sufficient to warrant recovery in the Diligence in the Diligence and selection and selection of the supervision of the supervision is not employees is a employees available as a defense defense EFFECTS OF CONTRIBUTORY NEGLIGENCE OF THE CREDITOR • GENERAL RULE: Reduces or mitigates the damages which he can recover • EXCEPTION: If the negligent a...
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