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There must be damage or injury 4 there must be a

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Unformatted text preview: negligence attributable to the person charged 3. There must be damage or injury 4. There must be a direct relation of cause and effect between the act arising from fault or negligence and the damage or injury (proximate cause ); 5. There is no pre-existing contractual relation between the parties. NEGLIGENCE • Failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury. (US v. Barrias, 23 Phil. 434 [1912]) CHAPTER 2. – NATURE & EFFECTS OF OBLIGATIONS See Arts. 1163 - 1178 QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this NATURE OF OBLIGATIONS picture. 1. Personal Obligations: obligations to do or not to do; where the subject matter is an act to be done or not to be done a. Positive – obligation to do b. Negative – obligation not to do 2. Real Obligations: obligations to give; where the subject matter is a thing which the obligor must deliver to the obligee a. Determinate or specific – object is particularly designated or physically segregated from all other things of the same class b. Generic –object is designated by its class or genus c. Limited Generic – generic objects confined to a particular class Ex: An obligation to deliver one of my horses (Tolentino, Volume IV, p. 91; De Leon, 2003 ed., p. 7) EFFECT OF OBLIGATIONS DUTIES OF DEBTOR IN AN OBLIGATION TO GIVE A DETERMINATE THING (See Arts. 1163, 1164, 1166.) 1. To preserve or take care of the thing due with the diligence of a good father of a family DILIGENCE OF A GOOD FATHER OF A FAMILY – ordinary care or that diligence which an average or reasonably prudent person would exercise over his own property NOTE: Rule on Standard of Care • That which the law requires; or • That stipulated by the parties; or • In the absence of the two, diligence of a good father of a family 2. To deliver the fruits of the thing: Right to the fruits of the thing from the time the obligation to deliver it arises WHEN OBLIGATION T...
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This document was uploaded on 02/18/2014 for the course ACC 2001 at Alabama Christian Academy.

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