2.5 Breach of obligations (Law subject)

 

(a) Delay

I learned the Kinds of Delay which include the following:

       a. Mora solvendi – delay on the part of debtor or the one who has the obligation to pay.

       b. Mora acccipiendi – delay of creditor or the lender

       c. Compensatio more – delay in reciprocal obligation

With this, the following are the effects of Delay:

       a. Liable for interest and damages

       b. Liable even for fortuitous event when the obligation is to deliver a determinate thing

(b) Fraud

            I realized and learned that fraud or also known as deceit or dolo which will stay in the cautious or intentional act to evade contentment. It essential to recall that in Art. 1171, it indicates that responsibility arising from fraud is demandable in all obligations.  In connection, any waiver of an action for future fraud is void. (1102a).

                   I learned the various fraud in the industry. Dolo Causante or Causal Fraud -Deceit that is not serious in character and without which the other party would have entered into the contract anyway. A deception used by one party prior to or simultaneous with the contract, in order to secure the consent of other. Deceit must be serious. Another example of fraud is Dolo Incidente or Incidental Fraud.

c) Negligence

I also learned that Negligence (culpa) is the omission of that diligence which is obligatory by the nature of the obligations. The following are the examples of negligence.

1. Culpa contractual reflects negligence in the presentation of contractual obligation,

    a. Pre-existing contract

    b. Accountable for damages grounded on breach of contract

    c. Proof of contract and breach is adequate for recapture of damage

    d. Negligence of employee irrefutable presumption of employer’s negligence

    e. Proof of due diligence in the selection of employee not a defense

2. Culpa aquiliana  – Negligence between parties not so relate  by any pre-existing contract,

     a. Obligation for damages based on quasi delict

     b. No preexisting contract

     c. Negligence must be proved for recovery of damage

     d. Negligence of employee prima facie presumption of employer’s negligence

     e. Due diligence in the selection and supervision of employee is a   valid defense

3. Can be regulated by the Court depending on circumstance

4. Waiver of future negligence allowed