Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

JURISD1 > Civil liability-obligations > Flashcards

Civil liability-obligations Flashcards

1
Q
  • Legal responsibility for the payment to an agreed third-party due to the violation of civil law
  • Liability imposed by the court against a person who violates the civil law
A

CIVIL LIABILITY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

law concerning individual relations, properties, business, personal dealings, etc., and their interaction with each other

A

Civil Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Comes with monetary compensation instead of imprisonment like in criminal law

A

Civil Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Deals more on private individuals and has nothing to do with the state or government

A

Civil Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q
  1. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith (Human Relations)
  2. 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 (fraud, negligence, delays)
  3. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that were the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted
A

LEGAL BASIS OF CIVIL LIABILITY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

In cases of fraud, bad faith, malice, or wanton (improper) attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation

A

LEGAL BASIS OF CIVIL LIABILITY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

extinguished in the same manner as other obligations

A

EXTINCTION OF CIVIL LIABILITY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence, or any other reason

A

Obligation to Satisfy Civil Liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

In short, persons with criminal offenses shall still pay civil liability after serving time in imprisonment

A

Obligation to Satisfy Civil Liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

forgiveness of a criminal offense granted by the head of the state or President; amnesty is before judgment, pardon is after judgment;

civil liability is still present

A

Amnesty/Pardon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

A juridical necessity to give, to do, or not to do

A

OBLIGATIONS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q
  • Obligations arising from law are not presumed
  • Only those expressly determined in the Civil Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them
A

Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q
  • Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith
  • stipulations of the contract by the parties must not be contrary to law, morality, good customs, public order, and public policy
A

Contracts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q
  • deals with what is right and what is wrong
  • Norms of good and right conduct
  • Governs the private personal interactions of people
A

Morality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

governs the professional interactions of people

A

Ethics

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

generally accepted principles of morality which have received some social and practical recognition in the community for so long

A

Good Customs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

the safety and order of the community in order to maintain peace; examples are obeying traffic rules

A

Public Order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q
  • a good ________ seeks to define issues and implement strategies to produce positive results for the general public
  • System of law or regulatory measures to make the society lead a better life and to maintain delivery of goods and services
A

Public Policy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

“no one shall be unjustly enriched or benefited at the expense of another”

A

Quasi-contracts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

giving rise to an obligation to deliver a thing or render a service

A

Quasi-contracts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

A presumptive consent as basis of quasi-contract giving rise to an obligation to deliver a thing or render a service

A

Quasi-contracts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

also termed as solutio indebita

A

Quasi-contracts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Every person criminally liable for a felony is also civilly liable and therefore becomes obligated to the person he has wronged

A

Acts or Omissions Punishable by Law (Delicts)

24
Q

Whoever by act of omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done

A

Quasi-Delicts (TORTS)

25
Q

Such fault or negligence, if there is no pre-existing contractual relation between the parties

A

Quasi-Delicts (TORTS)

26
Q

Dental negligence falls under this category, wherein there is
no intent but still caused damage

A

Quasi-Delicts (TORTS)

27
Q
  • The performance of this obligation does not depend upon a condition
  • Is demandable at once

Example: patient’s payment to dental service

A

Pure Obligation

28
Q

The acquisition/extinguishment of rights shall depend upon the happening of the event which constitutes the condition

A

Conditional Obligation

29
Q

that which gives birth to the obligation; obligation happens only upon the happening of this event

A

Suspensive Condition

30
Q

that which results to the loss or extinguishment of an obligation

A

Resolutory Condition

31
Q

Obligations for whose fulfillment a certain day that has been fixed, shall be demandable only when that day comes

A

Obligation with a Period

32
Q
  • A person alternatively bound by different prestations shall completely perform one of them
  • The creditor cannot be compelled to receive part of one and part of the other undertaking
  • The right of choice belongs to the debtor unless it has been granted to the creditor
A

Alternative Obligations

33
Q

“to each his own”; kaniya-kaniyan bayad; pro-rata, proportionate

A

Joint Obligations

34
Q

“one for all, all for one”; joint and several, in solidum, individually and collectively, each will pay the whole value

A

Solidary Obligations

35
Q

Obligations to give definite things and those which are not susceptible of partial performance

A

Indivisible Obligation

36
Q

Delivery or performance is susceptible of division or partial performance

A

Divisible Obligation

37
Q
  • In obligations with a penal clause, the penalty shall substitute the indemnity for damages
  • Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation
A

. Obligations with a Penal Clause

38
Q

an accessory obligation to assume the responsibility if there is non-performance

A

Penal Clause

39
Q

one which gives a right of action to compel their performance; all contracts are civil obligations

A

Civil Obligations

40
Q
  • not based on positive law but on equity and natural law
  • Do not grant a right of action to enforce its performance
  • Voluntary
A

Natural Obligations

41
Q

means the realization of the purpose of the obligation

A

PERFORMANCE OF AN OBLIGATION

42
Q

In the obligation “to give”, there is performance upon the delivery of the thing itself, and if the thing to deliver is a specific thing, the obligee has the right to compel the obligor to deliver no other than the specific thing

A

PERFORMANCE OF AN OBLIGATION

43
Q

In the prestation “to do”, if a person obliged to do something fails to do it, it shall be executed at his cost

A

PERFORMANCE OF AN OBLIGATION

44
Q

CAUSES OF NON-PERFORMANCE OF OBLIGATION

A
  1. Voluntary Non-performance of Obligation
  2. Involuntary Non-performance or Non-performance due to Fortuitious events or Force Majeure (acts of God)
45
Q

events which could not be foreseen, or which though foreseen, were inevitable

A

Fortuitious events

46
Q

acts of God like natural disasters (flood, typhoon, landslide, etc.)

A

Force Majeure

47
Q

REQUISITES TO CONSIDER AN EVENT AS FORTUITIOUS

A
  1. The cause of the event must be something beyond the control of man i.e. earthquake
  2. Must not be foreseen, or even if foreseen, is inevitable i.e., typhoon, fire
  3. Because of the occurrence of this event, the debtor is rendered helpless or incapable of performing his obligation in a normal way
  4. Obligor or debtor must not have been guilty of contributory negligence and must not have participated in the aggravation of the damage done
48
Q

Delay in Obligation

A
  • Time of delivery or time of service is the controlling motive of the contract
  • Demand would be useless
  • In this case, fortuitious event is not an excuse
  • Delay = damage
49
Q

Reciprocal Obligation

A
  • Both parties have obligations to perform
  • Neither party incur 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 parties fulfills his obligations, delay by the other begins
50
Q

after payment, obligation is extinguished

A

By Payment or Performance

51
Q

if the thing due is lost due to fortuitious event, it is not your negligence

A

By the Loss of the Thing due

52
Q
  • condonation or remission is essentially gratuitous, and requires the acceptance by the obligor
  • It may be made expressly or impliedly
  • Express condonation requires the compliance with forms of donations
  • Basically means to forgive or to forget debt
A

By the Condonation or Remission of the Deb

53
Q
  • The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person
  • The enforcement of the obligation becomes impossible
A

By the Confusion or Merger of the Rights of Creditor and Debtor

54
Q

shall take place when two persons, in their own right, are creditors and debtors to each other

A

By Compensation

55
Q

a juridical act of dual function in that at the time it extinguishes an obligation, it creates a new one in lieu of the old

A

Novation

56
Q

Obligations may be modified by:

A
  • Changing the object or principal conditions of an obligation
  • Changing the parties

JURISD1 (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions