Obligations+and+Contracts.printable

Remedies x x x not to do undo the things already done

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Unformatted text preview: igation by reason of delay, fraud, negligence or contravention of the tenor of the obligation. Remedies X X X Not to do undo the things already done substitute performance rescission/ cancellation Can only be dema nded if oblig ation is not very perso nal X X X X X Undo the things already done at debtor's expense X BREACH OF OBLIGATIONS (See Arts. 1170 – 1174) 1. Voluntary – debtor in the performance of the obligation is guilty of: • fraud (Dolo) • negligence (culpa) • delay (mora) • contravention of the tenor of the obligation • NOTE: debtor is liable for damages 2. Involuntary – debtor is unable to comply with his obligation due to fortuitous event/s • NOTE: debtor is not liable for damages FRAUD (Dolo) • It is the deliberate or intentional evasion of the normal fulfillment of an obligation. (8 Manresa 72) O’leary Macondray & Co., 45 Phil. 812 [1924[– It implies some kind of malice or dishonesty and it cannot cover cases of mistake and errors of judgment made in good faith. It is synonymous to bad faith TYPES OF FRAUD 1. Causal Fraud (Dolo Causante): fraud employed 2. in the execution of the contract 3. Incidental Fraud (Dolo Incidente): fraud in performance of obligation already existing because of a contract Page 106 of 297 Deleted: Corliss v. Manila Railroad – The law presumes or requires a man to possess ordinary capacity to avoid harming his neighbors unless a clear and manifest incapacity is shown and the law does not hold him liable for unintentional injury unless, possessing such capacity, he might and ought to have foreseen the danger.¶ ¶ Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • Fraud in the Performance (Art. 1170) Present during the performance of a preexisting obligation Purpose is to evade the normal fulfillment of the obligation Results in the breach of an obligation Gives rise to a right in favor of the creditor to recover damages Causal Fraud (Art. 1338) Present during the perfection of a contract Purpose is to secure the consent of another to enter into the contract Results in vitiatio...
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