DEFAULT/MORA
WHEN IS DEMAND BY THE CREDITOR
NOT NECESSARY IN ORDER THAT
DELAY MAY EXIST?
DEMAND BY CREDITOR IS NOT
NECESSARY:
A. Obligation or the law expressly so
declares
B. Time is of the essence
C. The nature and the circumstances of the
obligation it appears that the designation of
the time was a controlling motive for the
establishment of the contract
E. Demand would be useless
F. Reciprocal obligations
EFFECTS OF DELAY
ON THE PART OF THE DEBTOR
1. liable for damages
2. obligation consists in the delivery of
determinate thing
-responsible for any fortuitous event until he
effected the delivery.
CAUSES OF BREACH OF OBLIGATION
2. FRAUD OR DOLO (Article 1170.
Those who in the performance of their
obligations are guilty of fraud, negligence,
or delay, and those who in any manner
contravenes the tenor thereof, are liable for
damages. )
A. deliberate/intentional evasion by the
debtor of normal compliance of his
obligation
b. implies some kind of malice or
dishonesty and it cannot cover cases of
mistake and errors of judgment made in
good faith.
KINDS OF FRAUD/DOLO
fraud in obtaining consent
1. CAUSAL FRAUD/DOLO CAUSANTE
- fraud w/out w/c consent would not have
been given.
effect: contract is voidable.
ex: B bought a ring from S who told him
that the ring was embellished with blue
diamond which is not true.
2. INCIDENTAL FRAUD/DOLO
INCIDENTE
- fraud without which consent would have
still been given but the person giving it
would have agreed on different terms.
effects: contract is valid, guilty party liable
for damages
- Remedy is not Annulment but DAMAGES
- Originally, injured party VALIDLY gave
his consent
CAUSES OF BREACH OF OBLIGATION
3. NEGLIGENCE OR CULPA
1. culpa contractual/ contractual
negligence
- negligence in the performance of a
contract