Contract VS Quasi-Contract

A Contract is an agreement between two or more parties, which is enforceable by law. The

contracts made between competent parties, having lawful consideration and object are called

valid contracts or legitimate contracts while Quasi-contract is a pseudo contract which means

that it is not a contract technically but resembles to be one.

Delict VS Quasi-Delict

Delicts or crimes results from violation of law or morals which will result to either restitution,

reparation or indemnification while Quasi-delicts results from act or omission with fault or

negligence which resulted to damages and there is no relation or contract between parties.

Specific VS Generic Thing

Specific thing is particularly designated and physical segregated others of the same class. In

case of loss of the thing, there will be an extinguishment of agreement. Generic thing refers

only to a class or genus to which it pertains and cannot be pointed out with particularity.

Obligation to give a specific thing

1. Preserve the thing

2. Deliver the thing

3. Deliver the fruits of the thing

4. Deliver the accessions and accessories

5. Answer the damages in case of non-fulfillment or breach

Remedies of Creditor in Real Obligation

1. Demand for specific performance or fulfillment of the obligation with a right to

indemnity for damages

2. Demand rescission or cancellation of the obligation with a right to recover damages

3. Demand payment of damages only, where it is only feasible remedy