B2 - Contravention of Tenor of Obligations

Question 1

FEB 14 - LECTURE

Answer 1

FEB 14 - LECTURE

Question 2

contravention of tenor of obligation

how to be held liable for breach of obligation for the purposes of availing the remedy of RECISSION (undo as if it had not been entered into ) (1191)

Question 2

cancel (temrination fo contract) what ever is received will be kept unless the r

rescind (consequence of mutual restitution)

Question 3

Art. 1191. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him (there is a substantial breach) compared to slight breach

Question 3

what is substantial breach v. slight breach

Answer 3

it defeats the object and purpose of the breach

there is breech but you are not allowed to rescind the contract. compelled to honor the contract

Question 4

ex. paying 50k (1000 cases) for delivery of bottles of beer as a restaurant owner.

but what was delivered was 998

has he fulfill? is there abreach? is this usbstantial?

Answer 4

not fulfilled, there is breach, it is not substantial

they cannot say give back the 50k of money, oryou can claim the amount corresponding to the boxes missed

Question 4

in substantial breach what are the options

Answer 4

1. rescind
2. ask for fulfillment

EITHER WAY, you ask for damages

Question 5

FGU insurance v Sarmiento Trucking

in case of breech,

expectation interest