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OBLICON > Breach Of Obligation > Flashcards

Breach Of Obligation Flashcards

1
Q

Arises from the modes (Art. 1170)

A

Voluntary

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2
Q

Arises because of fortuitous events/force majeur

A

Involuntary

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3
Q

Will not be permitted for a slight or casual breach of the contract, but only for such breaches as are so substantial and fundamental as to defeat the object of the parties in making the agreement

A

Rescission

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4
Q

Modes of Breach

A

-Fraud/Deceit (Dolo)
-Negligence (Culpa)
-Delay (Mora)
-Contravention of Tenor
-Absolute Non-performance

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5
Q

Is the voluntary execution of a wrongful act or a willful omission, knowing and intending the effects which naturally and necessarily arise from such act or omission

A

Fraud (Dolo) 1171

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6
Q

Deliberate and intentional invasion of the normal fulfillment of obligations

A

Fraud

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7
Q

Any voluntary and willful act or omission which prevents, knowing and intending the effects which naturally arise from such act

A

Fraud

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8
Q

Fraud in the performance of pre-existing obligation

A

Fraud

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9
Q

Cannot cover mistake and errors of judgement made in good faith, ergo synonymous to bad faith (dishonest) purpose or some moral obliquity and conscious doing of wrong

A

Fraud

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10
Q

The element of _________ and _________ the harm done is the test

A

Intent, Not

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11
Q

Kinds of Fraud

A

-Fraud in performance
-Fraud in the execution/creation/birth of the contract

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12
Q

Article of dolo causante

A

Art. 1338

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13
Q

Article of dolo incidente

A

Art 1344

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14
Q

Article of negligence

A

Article 1172

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15
Q

Absence of due diligence

A

Negligence (Culpa)

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16
Q

It is anyvoluntary actor omission on there being no malice which prevents the normal fulfillment of an obligation

A

Negligence

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17
Q

Negligence as a source of obligation

A

Culpa Aquiliana

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18
Q

Fault or negligence which constitutes an independent source of obligation between parties not preveiously found

A

Culpa aquiliana

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19
Q

Negligence in the performance of a contract

A

Culpa contractual

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20
Q

Fault or negligence of the debtor as an incident in the fulfillment of an existing obligation

A

Culpa contractual

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21
Q

A party to a contract is relieved from the effects of his fault or negligence by a thurd person

A

Insurance

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22
Q

Effects of negligence

A

-Damages are demandable, which the courts may regulate according to circumstance
-invalidates events of fortuitous events

23
Q

Non-fulfillment of obligation with respect to time

A

Delay (MORA)

24
Q

Article number of MORA

A

Art 1169

25
Q

Neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the partners fulfill his obligation, delay by the other begin

A

Reciprocal obligations

26
Q

There can only be delay in

A

Positive obligation

27
Q

Parties in bilateral contract can regulate the order in which they shall comply with their reciprocal prestations. The fulfillment must be simultaneous and reciprocal

A

Compensatio morae

28
Q

Ex re referring to

A

Obligations to give

29
Q

Ex persona referring to

A

Obligations to do

30
Q

Insertion of the clause “without further notice”

A

Express stipulation

31
Q

Delay in the performance based on the omission by the creditor of the necessary cooperation, especially acceptance on his part

A

Mora Accipiendi

32
Q

Debtor becomes liable for damages of the delay

A

Effects of mora solvendi

33
Q

The creditor becomes liable for damages

A

Effects of mora accipiendi

34
Q

Deposit a thing due with a court/judicial authorities

A

Consignation

35
Q

The debtor may relieve himself of the obligation by the consignation of the thing

A

Effects of mora accipiendi

36
Q

One is not compelled to perform his prestation when the other contracting party is not yet prepared to perform his prestation, default of one compensates the default of the other

A

Exceptio non adempleti contractus

37
Q

Any illicit act which impairs the strcit and faithful fulfillment of the obligation or every kind of defective performance

A

Contravention of tenor

38
Q

Malicious or negligent violation of the terms and conditions stipulated in the obligation

A

Contravention of tenor

39
Q

when demand is not required

A

-law so provides
-express stipulation
-period is the controlling motive or principal inducement for the creation of the obligation
-when demand would be useless

40
Q

liability for fortuitous events

A

No person shall be liable for fortuitous event i.e., his obligation will be extinguished

41
Q

Vitiation of consent;
Voidable contract

A

dolo causante

42
Q

Right of the innocent party to annul the contract

A

dolo causante

43
Q

Does not result in the vitiation of consent

A

dolo incidente

44
Q

Gives rise to a right of the innocent party to
claim for damages

A

dolo incidente

45
Q

Secure the consent of another to enter into
contract BUT fraud was not the principal
inducement in making the contract

A

dolo incidente

46
Q

During the perfection of a contract

A

dolo causante and dolo incidente

47
Q

total

A

substantial

48
Q

partial

A

casual

49
Q

a part is performed

A

casual

50
Q

amounts to non-performance

A

substantial

51
Q

Basis for rescission and payment of damages

A

substantial

52
Q

Gives rise to liability for damages

A

casual

53
Q

obligation to do

A

EX PERSONA

54
Q

obligation to give

A

EX RE

OBLICON (4 decks)

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