Article 1170: Those who in the performance of their obligations are guilty of fraud,

negligence, or delay, and those who in any manner contravene the tenor thereof, are
liable for damages

Grounds for liability

1. Fraud (deceit or dolo)
- Deliberate or intentional evasion of fulfillment of obligation
- Incidental fraud (dolo incidente)
- Casual fraud (dolo causante)
2. Negligence (fault or culpa)
- Voluntary act or omission, there being no bad faith or malice
3. Delay (mora)
4. Contravention of the terms of the obligation
- Violation of the terms and conditions without justifiable excuse

Fraud and negligence distinguished

1. Fraud, there is deliberate intention to cause damage, negligence, there is none
2. Waiver of the liability for future fraud is void
3. Fraud must be clearly proved, while negligence is presumed
4. Liability for fraud cannot be mitigated, negligence may be reduced depending on the
circumstances