Breach of Obligations
Breach of Obligations
Breach of Obligations
BREACH OF OBLIGATIONS
Art. 19. 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.
MANNER OF BREACH
Art. 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. (1101)
b. Fraud
Art. 1344. In order that fraud may make a contract voidable, it should
be serious and should not have been employed by both contracting
parties.
Kinds of Fraud:
G. Dolo causante – or fraud in obtaining consent, is applicable only to
contracts where consent is necessary and thus affects the validity of
the contract, making it voidable.
Under this kind of fraud, the party would not have entered into the
contract were it not for the fraud; annulment is the remedy of the
party who’s consent was obtained through fraud;
Under this kind, a party would have entered the obligation with or
without the fraud. Remedy is damages.
(1) Negligence