obligation part 2

Question 1

; it is the
wrongful act or omission which causes loss or harm to
another, while damage is the loss, hurt, or harm which
results from the injury. On the other hand, damages
denote the sum of money recoverable as amends for the
wrongful act or omission; and

Answer 1

injury is the illegal invasion of a legal right

Question 2

A wrongful violation of his
legal right is not suffi cient to entitle a person to sue
another in a court of justice for the enforcement or
protection of said right. As a rule, there must be, in
addition, loss or damage caused to him by the violation of
his right. But except for actual or compensatory damages
(Art. 2199.), no pecuniary proof is necessary in order that
moral, nominal, temperate, liquidated, or exemplary
damages may be awarded

Answer 2

Proof of loss for injury. —

Question 2

, while
damages are the recompense or compensation awarded
or recoverable for the damage or loss suffered.

Answer 2

Injury is the legal wrong to be redressed

Question 3

A person has the right to take all legal
steps to enforce his legal and/ or equitable rights. One
who makes use of his legal right does no injury. Qui jure
suo utitur mullum damnum facit. If damage results from a
person’s exercising his legal rights, it is damnum absque
injuria (damage without injury). (Auyong Hian vs. Court of
Appeals, 59 SCRA 110 [1974].) The plaintiff must
establish that the damage to him resulted from a breach or
violation of legal duty which the defendant owned to him;
otherwise, the consequences must be borne by the
plaintiff alone.

Answer 3

) Liability for damages of a person for exercising his
legal rights.

Question 4

) or that in which the
subject matter is a thing which the obligor must deliver to
the obligee; or

Answer 4

Real obligation (obligation to give

Question 5

) or
that in which the subject matter is an act to be done or not
to be done. There are thus two (2) kinds of personal
obligation:

Answer 5

Personal obligation (obligation to do or not to do

Question 6

There are thus two (2) kinds of personal
obligation:

Answer 6

Positive personal obligation or obligation to do or to
render service (and Negative personal obligation or obligation not to do
(which naturally includes obligations “not to give”).

Question 7

An obligation imposed on a person and the corresponding
right granted to another must be rooted in at least any of

Answer 7

Sources of obligations

Question 8

when they are imposed by the law itself, e.g.,
obligation to pay taxes; obligation to support one’s family

Answer 8

law

Question 9

when they arise from the stipulation of
the parties (Art. 1306.), e.g., the obligation to repay a loan
by virtue of an agreement;

Answer 9

Contracts.

Question 10

— when they arise from lawful,
voluntary and unilateral acts and which are enforceable to
the end that no one shall be unjustly enriched or benefi
ted at the expense of another (Art. 2142.), e.g., the
obligation to return money paid by mistake or which is not
due. (Art. 2154.) In a sense, these obligations may be
considered as arising from law;

Answer 10

Quasi-contracts

Question 11

when
they arise from civil liability which is the consequence of a
criminal offense (Art. 1161.), e.g., the obligation of a thief
to return the car stolen by him; the duty of a killer to
indemnify the heirs of his victim; and

Answer 11

Crimes or acts or omissions punished by law

Question 12

when they arise from damage
caused to another through an act or omission, there being
fault or negligence, but no contractual relation exists
between the parties (Art. 2176.), e.g., the obligation of the
head of a family that lives in a building or a part thereof to
answer for damages caused by things thrown or falling
from the same (Art. 2193.); the obligation of the possessor
of an animal to pay for the damage which it may have
caused

Answer 12

Quasi-delicts or torts.

Question 13

Article 1158 refers to legal obligations or obligations
arising from law. They are not presumed because they are
considered a burden upon the obligor. They are the
exception, not the rule. To be demandable, they must be
clearly set forth in the law

Answer 13

Legal obligations.

Question 14

s a meeting of minds between two persons
whereby one binds himself, with respect to the other, to
give something or to render some service. (Art. 1305.) It is
the formal expression by the parties of their rights and
obligations they have agreed upon with respect to each
other.

Answer 14

contract

Question 15

Obligations arising from contracts are
governed primarily by the agreement of the contracting
parties. Once perfected, valid contracts have the force of
law between the parties who are bound to comply
therewith in good faith, and neither one may without the
consent of the other

Answer 15

) Binding force. —

Question 16

t is immediately executory
and not appealable, except for vices of consent (Art. 1330.)
or forgery. Upon the parties, it has the effect and the
authority of res judicata, once entired into. To have the
force of law between the parties, it must comply with the
requisites of contracts

Answer 16

A compromise agreement

Question 17

As a source of
obligation, a contract must be valid and enforceable. (see
Art. 1403.) A contract is valid (assuming all the essential
elements are present, Art. 1318.) if it is not contrary to law,
morals, good customs, public order, and public policy. It is
invalid or void if it is contrary to law, morals, good customs,
public order, or public policy

Answer 17

Requirements of a valid contract

Question 18

It means compliance or
performance in accordance with the stipulations or terms
of the contract or agreement.9 Good faith and fair dealing
must be observed to prevent

Answer 18

) Compliance in good faith

Question 19

Although the contract
imposes no penalty for its violation, a party cannot breach
it with impunity. Our law on contracts recognizes the
principle that actionable injury inheres in every contractual
breach.

Answer 19

) Liability for breach of contract. —

Question 20

A breach upon
the contract confers upon the injured party a valid cause
for recovering that which may have been lost or suffered.
The remedy serves to preserve the interest of the
promisee of having the benefi t of his bargain, or in being
reimbursed for loss caused by reliance on the contract, or
in having restored to him any benefi t that he has
conferred on the other party.

Answer 20

Preservation of interest of promisee

Question 21

is that juridical relation resulting from
certain lawful, voluntary and unilateral acts by virtue of
which the parties become bound to each other to the end
that no one will be unjustly enriched or benefi ted at the
expense of another

Answer 21

A quasi-contract

Question 22

The principal kinds of quasi-contracts

Answer 22

negotiorum
gestio and solutio indebiti.

Question 23

i is the juridical relation which is created
when something is received when there is no right to
demand it and it was unduly delivered through mistake.
(Art. 2154.) The obligation to pay money mistakenly paid
arises from the moment said payment was made, and not
from the time the payee admits the obligation to reimburse.

Answer 23

Solutio indebiti

Question 24

is the voluntary management of the
property or affairs of another without the knowledge or
consent of the latter. (

Answer 24

Negotiorum gestio