Looks like you’ve clipped this slide to already. LL104 Law of Obligations (Contract Law Only) - 95 pages long - in-depth analysis of textbook materials (Contract Law (Palgrave Law Masters) 11th Edition) - 2:1 overall (64) - Compiled all the necessary information and cases for each topic for Contract Law; - Content: Introduction to Contract and Obligations, Agreement, … ELEMENTS OF AN OBLIGATION: Active subject (obligee/creditor): one in whose favor the obligation is constituted Domingo, Dennimar O. 1160. Grade Sheets were already done. 3. cause of the obligation which must be established (Art. Undue influence ANNULS obligation although it is DONE by 3 rd person not part of contract. Instances where law imposes solidary obligation: d.   no reimbursement if payment is made after prescription or became illegal. Understand that failure to fulfill an obligation is a form of breach of contract by the lessor, and be able to identify the form of breach of contract and set out the relevant remedies available to the lessee OBLIGATIONS AND CONTRACTS TITLE 1 - OBLIGATION. The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. In obligations to render service, the value thereof shall be the basis for damages. Note that you can also download your contract note from our back office portal. The Law on Obligations and Contracts 2011 Assignment Submitted by: Domingo, Dennimar O. TTh 17:00 - 18:30 Submitted to: Pio Sara Jagurin 2. OF CREDIT SHALL RELEASE DEBTOR, Requisites: Effect of payment – extinguish obligation, Effect of Substantial performance in good faith. Natural Elements (Art. Art. ---->>> Hector S. De Leon #contracts #educational #law #obligations Remedies of Person in fraud under obligations are: b)    Diligence required – per nature of obligation, circumstances of persons, time and place, b)     simple – may be excused in certain cases, Mora accepiendi – default on part of creditor; Creditor is guilty of default when he unjustifiably refuses to accept payment or performance at the time payment/performance can be done, (1)  responsibility of debtor is reduced to fraud and gross negligence, (2)  debtor is exempted from risk of loss of thing / creditor bears risk of loss, (3)  expenses by debtor for preservation of thing after delay is chargeable to creditor, (4)  if obligation bears interest, debtor does not have to pay from time of delay, (6)  debtor may relieve himself of obligation by consigning the thing, Compensatio morae – both parties are in default (in reciprocal obligations); the effect: is as if there is no default, a)    when expressly declared by law ( bad faith, subject matter is generic, debtor is in delay ), b)    when expressly declared by stipulation or contract, c)    when nature of obligation requires assumption of risk. Pio Sara Jagurin. Art. 1. Contract is defined as the agreement or the exchange of the promises between two or more than two parties (people) to do or not do something that is enforceable by the law which means creating some kind of legal obligations. ( Log Out /  See our User Agreement and Privacy Policy. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. ...The Law of obligations and contracts is a the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts.Obligation latin word obligation meaning tying or binding; Juridical necessity to give to do or not to do. 1159. Download. A short summary of this paper. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. all other docs where amount involved is in excess of 500 ( must be written even private docs ), mutual: instrument includes something w/c should not be there or omit what should be there, causes failure of instrument to express true intention, other either acted fraudulently or inequitably or knew but concealed, party in good faith may ask for reformation, true intention not expressed in instrument, estoppel; when party has brought suit to enforce it, Plaintiff must be able to return whatever he may be obliged to return due to rescission, The things must not have been passed to 3, It must be made within the prescribed period, Things w/c are the objects of the contract & their fruits, May be assailed or attacked only in an action for that purpose, Can be assailed only by the party whose consent was defective or his heirs or assigns, Refers to the subject of the thing which is the object of the contract, Refers to the principal conditions in an agreement, Error as to person – when it is the principal consideration of the contract, Error as to legal effect – when mistake is mutual and frustrates the real purpose of parties, Obligation to give – mutual restitution. This contains only the articles. Biology Mary Ann Clark, Jung Choi, Matthew Douglas. The note is signed by A, B, and C. X indorsed the note to Y, Y to Z, and Z to A for merchandise Z bought from A. a. Set out the different obligations of the lessor 15. Alternative – bound by different prestations but only one is due, Right of choice: General rule: right of choice belongs to debtor, (1)   If only 1 is left either because of fortuitous events or due to debtor’s acts, perform what is left. CONDONATION/REMISSION OF THE DEBT – gratuitous abandonment of debt; right to claim; donation; rules of donation applies; express or implied, c. Tacit – voluntary destruction of instrument by creditor; made to prescribe w/o demanding, 5. 1305. Note: The SC in … 2011 FAILURE TO COMPLY WITH PERFORMANCE/REMEDIES: Mora solvendi – default on the part of the debtor; 2 kinds: (1)  Mora Solvendi Ex re – default in real obligations, (2)  Mora Solvendi Ex persona – default in personal obligations, (1)  The obligation must be due, enforceable and already liquidated or determinate in amount, (3)  There must be a demand, unless demand is not required, (3)  When designation of time of delivery or rendering the service was a controlling motive, (4)  When demand would be useless as when debtor has rendered it beyond his powers to perform. concur: ii.    it falls under art 1241, par 1,2,3 – the benefit is total so, performance is total, (c)  anyone in possession of the credit – but will apply only if debt has not been previously garnished. Popular books. 1160. See Arts. m fdx Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Study Unit 4: The obligations of the lessor 14. Resolutory – happening of condition extinguishes obligation, iii. E. Caliwan, J.D. Everything's an Argument with 2016 MLA Update University Andrea A Lunsford, University John J Ruszkiewicz. – GENERAL PROVISIONS. Business law obligation and contract refers to what is legally required of each of the parties involved in a contractual agreement. What civil liability arising from a crime includes: a)    There must be fault or negligence attributable to the person charged, c)    There must be a direct relation of cause and effect between the fault or negligence on the one hand and the damage or injury on the other hand ( proximate cause ), a)    when there is no term/condition – from the perfection of the contract, b)    when there is a term/condition – from the moment the term or condition arises, a)    Conditional – from the moment the condition happens, b)    With a term/period – upon the expiration of the term/period, c)    Simple – from the perfection of the contract. – that part of obligation which is not affected by impossible or unlawful condition shall be valid (Art. Casual – dependent on chance or hazard, a)    Positive – extinguished if time expires or indubitable of condition to,                         happen, b)    Negative – effective from moment of time elapsed or evident it can’t,                          happen, (1)  To do – both the condition and the obligation are void, (2)  Not to do –disregard the condition, the obligation is still valid, Impossible condition – physically not feasible, Illegal condition – prohibited by law, good custom, public policy and morals, (3)  With a period – future & certain, past & uncertain, payable when able. 1156. Book IV Obligations and Contracts To constitute undue influence, ff circumstances must be considered: (1) confidential, family, spiritual, & other relations of parties; or (2) the aggrieved party is suffering from mental weakness; or (3) ignorant; or (4) in … (10)        With penal clause – an accessory undertaking to assume greater liability in case of breach; (a)  Payor – the one performing, he can be the debtor himself or his heirs or assigns or his agent, or anyone interested in the fulfillment of the obligation; can be anyone as long as it is with the creditor’s consent, (b)  3RD person pays/performs – only the creditor’s consent; If performance is done also with debtor’s consent – he takes the place of the debtor. Waiver for future negligence may be allowed in certain cases:a)     gross – can never be excused in advance; against public  policy, w/ fault or at expense of obligor/ usufructuary, a)    Various things are due but the giving principally of one is sufficient, a) Only one thing is due but a substitute may be given to render payment/fulfillment easy, b)    If one of prestations is illegal, others may be valid but obligation remains, b) If principal obligations is void and there is no necessity of giving the substitute;  nullity of P carries with it nullity of S, c) If it is impossible to give all except one, the last one must still be given, c)    If it is impossible to give the principal, the substitute does not have to be given; if it is impossible to give the substitute, the principal must still be given, d)  Right to choose may be given either to debtor or creditor, d) The right of choice is given only to the debtor, b. accessory – principal still outstanding, c. accessory oblig. chapter general provisions article 1156. an obligation is juridical necessity to give, to do or not to do. (1091a) Art. The book includes an introduction to law to provide readers a background on obligations and contracts and other business law courses A study guide is provided at the end of every chapter or section and is designed to, among other things, primarily test and further increase the understanding of the provisions of law by … A judicial declaration to that effect is merely a declaration, It cannot be confirmed, ratified or cured, If performed, restoration is in order, except if pari delicto will apply, The right to set up the defense of nullity cannot be waived, Anyone may invoke the nullity of the contract whenever its juridical effects are asserted against him, No action for restitution on either side.  The law will leave you where you are, Thing/price to be confiscated in favor of government, Innocent party is entitled to restitution, Guilty party is not entitled to restitution, Instrument of crime will be confiscated in favor of govt, If purpose has not yet been accomplished & If damage has not been caused to any 3, Where laws are issued to protect certain sectors: consumer protection, labor, usury law, If one party is incapacitated, courts may allow recovery of money, property delivered by incapacitated person in the interest of justice; pari delicto cannot apply because an incapacitated person does not know what he is entering into; unable to understand the consequences of his own action, If agreement is not illegal per se but merely prohibited & prohibition is designated for the protection of the plaintiff – may recover what he has paid or delivered by virtue of public policy, incapacitated  – not obliged to return what he gave but may recover what he has given. (1091a) Art. cession of action of rights proceeding from an act appearing in a public inst. Types of Contract. 3. COMPENSATION – Set off; it is a mode of extinguishment to the concurrent amount the obligation of persons who are in their own right reciprocally debtors or creditors, –          not all requisites are present, –          depositum; commodatum; criminal offense; claim for future support; taxes, Effect of assignment of credit to 3rd person; can there still be compensation, a. if made after compensation took place – no effect; compensation already perfected, b. if  made before compensation took place – depends, 7. 1156 - 1162. REX Book Store Inc. REX Knowledge Center, 109 Sen M Cuenco Sr, Quezon City, 1114 Metro Manila, PH … warranty against eviction and warranty against hidden defects in a contract … OBLIGATION WITH A PENAL CLAUSE An obligation to which an accessory undertaking (penal clause/penalty) is attached for the purpose of insuring its performance by virtue of which the obligor is bound to pay a stipulated indemnity or perform a stipulated prestation in case of breach. (1304) Art. Lewis's … Active subject ( obligee/creditor ) – the one in whose favor the obligation is constituted 2. Note: Ang Yu v. CA (1994) states that a unilateral promise to buy or sell, if not supported by a distinct consideration, may be withdrawn but may not be done whimsically or arbitrarily; the right of the grantee here is damages and not specific performance; Equatorial v. Mayfair(264 SCRA 483) held that an option clause in order to be valid and enforceable must indicate the definite price at which the person granting the option is willing to sell, contract can be enforced and not only damages; Paranaque Kings V CA (1997) states that right of first refusal may be enforced by specific performance. Submitted by: READ PAPER. Obligations and Contracts: Essential Notes 1 2. (n) good customs, public order or public policy QUASI-CONTRACT (OBLIGATION EX QUASI- • Juridical relation resulting from lawful, voluntary TTh 17:00 - 18:30 The effect is that the debtor loses the right of choice, (2)   if the choice is limited because of the creditor’s acts, the debtor has the right of resolution and damages, (3)   if all are lost due to debtor, the creditor is entitled to damages, (4)   if some are lost, the debtor can choose from the remaining, (1)  if one or some are lost due to fortuitous event, the creditor chooses the remainder, (2)  if one or some is lost because of the fault of debtor, the creditor may choose either the remainder or the value of any which disappeared, and damages in either case, (3)  if all is lost due to the debtor’s fault, the creditor may choose the value of any if some is lost due to debtor’s fault, the creditor chooses the remainder, (4)  if all is lost due to fortuitous event, obligation is extinguished, (5)  if all is lost due to creditor’s fault, the obligation is extinguished, a)    Made properly so that creditor or his agent will actually know, b)    Made with full knowledge that a selection is indeed being made, d)    Made in due time – before or upon maturity, f)     Made w/o conditions unless agreed by the creditor, g)    May be waived, expressly or impliedly, DISTINCTIONS BETWEEN ALTERNATIVE AND FACULTATIVE OBLIGATIONS, (6)  Joint – presumption when 2 or more creditors or 2 or more debtors concur in one and the same obligation, (7)  Solidary – must be expressed in stipulation or provided by law or by nature of obligation. (1091a) Contract- meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. 1156-1304.) 1547) those found in certain contracts unless set aside or suppressed by the parties (i.e. Change ), You are commenting using your Twitter account. There is deliberate intention to cause damage. Consignation w/o prior tender – allowed in: 2.LOSS OF THE THING DUE – partial or total/ includes impossibility of performance, 1)    When the object perishes (physically), 3)    When it disappears in such a way that: its existence is unknown or it cannot be recovered, WHEN IS THERE IMPOSSIBILITY OF PERFORMANCE, (a)  Directly – caused as when prohibited by law, (b)  Indirectly – caused as when debtor is required to enter a military draft, b)    Debtor is made liable for fortuitous event because of a provision of law, contractual stipulation or the nature of the obligation requires assumption of risk on part of debtor, a)    if the generic thing is delimited, b)    if the generic thing has already been segregated, General Rule: Debtor is released when prestation becomes legally or physically impossible without fault on part of debtor, EFFECT OF PARTIAL LOSS – ( judicial determination of extent is necessary), a)    when loss is significant – may be enough to extinguish obligation, b)    when loss insignificant – not enough to extinguish obligation, WHEN THING IS LOST IN THE POSSESSION OF THE DEBTOR, Presumption: Loss due to debtor’s fault ( disputable ), Exception: natural calamity, earthquake, flood, storm, 3.   REBUS SIC STANTIBUS –  agreement is valid only if the same conditions prevailing at time of contracting continue to exist at the time of performance, EFFECT OF DIFFICULTY BEYOND PARTIES’ CONTEMPLATION, Rule: Obligor may be released in whole or in part, (b)  The performance is extremely difficult, but not impossible (because if it is impossible, it is extinguished by impossibility), (c)  The event was not due to the act of any of the parties, (d)  The contract is for a future prestation, 4. This paper. Obligations PRESCRIPTION IN ACTION FOR ANNULMENT OF VOIDABLE CONTRACTS: 2 WAYS OF CURING UNENFORCEABLE CONTRACTS: 1)    Those lacking in essential elements: no consent, no object, no cause (inexistent ones) – essential formalities are not complied with ( ex: donation propter nuptias – should conform to formalities of a donation to be valid ), (a)  Those w/c are absolutely simulated or fictitious – no cause, (b)  Those which cause or object did not exist at the time of the transaction – no cause/object, (c)  Those whose object is outside the commerce of man – no object, (d)  Those w/c contemplate an impossible service – no object, (e)  Those w/c intention of parties relative to principal object of the contract cannot be ascertained, (f) Those expressly prohibited or declared void by law – Contracts w/c violate any legal provision, whether it amounts to a crime or not, 3)    Illegal/Illicit ones – Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy ; Ex: Contract to sell marijuana, PARI DELICTO DOCTRINE –both parties are guilty, no action against each other; those who come in equity must come with clean hands; applies only to illegal contracts & not to inexistent contracts; does not apply when a superior public policy intervenes, a)    contract is for an illegal purpose, b)    contract must be repudiated by any of the parties  before purpose is accomplished or damage is caused to 3rd parties, c)    court believes that public interest will be served by allowing recovery (discretionary upon the court ) – based on remorse; illegality is accomplished when parties entered into contract; before it takes effect – party w/c is remorseful prevents it, a)    Consumer protection – if price of commodity is determined by statute, any person paying an amount in excess of the maximum price allowed may recover such excess, b)    Labor – if  law sets the minimum wage for laborers, any laborer who agreed to receive less may still be entitled to recover the deficiency; if law set max working hours & laborer who undertakes to work longer may demand additional compensation, c)    Interest paid in excess of the interest allowed by the usury law may be recovered by debtor with interest from date of payment, General Rule: parties should return to each other what they have given by virtue of the void contract in case where nullity arose from defect in essential elements. Click here to … 1170, NCC, the phrase "in any manner contravene the tenor" of the obligation includes any illicit act which impairs the strict and faithful fulfillment of the obligation, or … Unauthorized/No sufficient authority – entered into in the name of another when: in excess of authority conferred ( ultra vires ), Both parties incapable of giving consent -2 minor or 2 insane persons, Agreement to be performed within a year after making contract, Special promise to answer for debt, default or miscarriage of another, Agreement made in consideration of promise to marry, Agreement for sale of goods, chattels or things in action at price not less than 500; exception: auction when recorded sale in sales book, Agreement for lease of property for more than 1 year & sale of real property regardless of price, Failure of defendant to object in time, to the presentation of parole evidence in court, the defect of unenforceability is cured, Acceptance of benefits under the contract. and Contracts 20a. There is subrogation except if the 3rd person intended it to be a donation, (c)  3rd person pays/performs with consent of creditor but not with debtor’s consent, the repayment is only to the extent that the payment has been beneficial to debtor, (a)  payee – creditor or obligee or successor in interest of transferee, or agent. Law on obligations and contracts Guidance by Prof. Pio Sara Jagurin. Art. NOVATION – extinguishment of obligation by creating/ substituting a new one in its place, –          stipulation to contrary, –          stipulation pour autri unless beneficiary consents, –          modificatory novation only; obliged to w/c is less onerous, –          old obligation is void, –          new obligation is void or voidable but annulled already ( except: intention of parties ), –          if Resolutory & it occurred –old obligation already extinguished; no new obligation since nothing to novate, –          if suspensive & it never occurred –as if no obligation; also nothing to novate, –          if suspensive & did not materialize: old obligation is enforced, EXPROMISION; initiative is from 3rd person or new debtor; new debtor & creditor to consent; old debtor released from obligation; subject to full reimbursement & subrogation if made w/ consent of old debtor; if w/o consent or against will , only beneficial reimbursement; if new debtor is insolvent, not responsible since w/o his consent, DELEGACION; initiative of old debtor; all parties to consent; full reimbursement; if insolvent new debtor – not responsible old debtor because obligation extinguished by valid novation unless: insolvency already existing & of public knowledge or know to him at time of delegacion, (1)  Parties must have clearly and deliberately conferred a favor upon a 3rd person, (2)  The stipulation in favor of a 3rd person should be a part of, not the whole contract, (3)  That the favorable stipulation should not be conditioned or compensated by any kind of obligation whatsoever, (4)  Neither of the contracting parties bears the legal representation or authorization of 3rd party, (5)  The third person communicates his acceptance before revocation by the original parties, (2)  Knowledge of the contract by a 3rd person, As to importance or dependence of one upon another, a)    Do ut des – I give that you may give, b)    Do ut facias – I give that you may do, c)    Facio ut des – I do that you may give, d)    Facio ut facias – I do that you may do, Note: We follow the theory of cognition and not the theory of manifestation. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Clipping is a handy way to collect important slides you want to go back to later. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. cases: penalty provided is iniquitous/unconscionable, With respect to parties – must be made by proper party to proper party, it must have redounded to the obligee’s benefit and only to the extent of such benefit, Incapacitated person kept the thing delivered, or, Insofar as the payment has been beneficial to him, By creditor’s conduct, debtor has been led to make the payment (estoppel), Payment by debtor must be made in good faith, Creditor must be in possession of the credit & not merely the evidence of indebtedness, With respect to time and place of payment – must be according to the obligation, In the place designated in the obligation, If there is no express stipulation and the undertaking is to deliver a specific thing – at the place where the thing might be at the moment the obligation was constituted, In other case – in the place of the domicile of the debtor, Attempt in Good Faith to perform without willful or intentional departure, Omission/Defect is technical or unimportant, Must not be so material that intention of parties is not attained, Obligor may recover as though there has been strict and complete fulfillment, less damages suffered by the obligee, Right to rescind cannot be used for slight breach, Payment is not enough to extinguish all debts, If not, creditor makes it by so stating in the receipt that he issues – unless there is cause for invalidating the contract, If neither the debtor nor creditor has made the application or if the application is not valid, then application, is made by operation of law, If debts are of the same nature and burden, application shall be made to all proportionately, creditor absent or unknown/ does not appear at the place of payment, incapacitated to receive payment at the time it is due, 2 or more creditor claiming the same right to collect, There must be a subject matter (object of the remission, otherwise there would be nothing to condone), Cause of consideration must be liberality (Essentially gratuitous, an act of liberality ), Parties must be capacitated and must consent; requires acceptance  by obligor; implied in  mortis causa & expressed inter vivos, Formalities of a donation are required in the case of an express remission, Revocable – subject to rule on inofficious donation ( excessive, legitime is impaired ) & ingratitude & condition not followed, Obligation remitted must have been demandable at the time of remission, Waivers or remission are not to be presumed generally, voluntary delivery – presumption; when evidence of indebtedness is w/ debtor – presumed voluntarily delivery by creditor; rebuttable, effect of delivery of evidence of indebtedness is conclusion that debt is condoned – already conclusion; voluntary delivery of private document, if in hands of joint debtor – only his share is condoned, if in hands of solidary debtor  – whole debt is condoned, It must take place between principal debtor & principal creditor only, The obligation involved must be same & identical – one obligation only, Revocable, if reason for confusion ceases, the obligation is revived, Both parties must be mutually creditors and debtors – in their own right and as principals, Both debts must consist in sum of money or if consumable , of the same kind or quality, Both debts are liquidated & demandable (determined), Neither debt must be retained in a controversy commenced by 3, legal – by operation of law; as long as 5 requisites concur- even if unknown to parties & if payable in diff places; indemnity for expense of exchanges; even if not equal debts – only up to concurring amount, conventional – agreement of parties is enough, forget other requirement as long as both consented, facultative – one party has choice of claiming/opposing – one who has benefit of period may choose to compensate, judicial – set off; upon order of the court; needs pleading & proof; all requirements must concur except liquidation, total – when 2 debts are of the same amount, partial – when 2 debts are not of the same amount, with consent of debtor – debtor is estopped unless he reserves his right & gave notice to assignee, with knowledge but w/o consent of debtor – compensation may be set up as to debts maturing prior to assignment, w/o knowledge – compensation may be set-up on all debts prior to his knowledge, intent to extinguish old obligation – expressed or implied: completely/substantially incompatible old and new obligation on every point, capacity & consent of parties to the new obligation. 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