What is the effect of contributory negligence on recovery of damages?

If the plaintiff's own negligence was the immediate cause of their injury, they cannot recover damages; if it was only contributory, damages may be mitigated.

What is the test for determining negligence?

The test for negligence is whether a prudent person in the same situation would foresee harm and take precautions to prevent it.

What is a fortuitous event?

A fortuitous event is an extraordinary event that cannot be foreseen or is inevitable, exempting a debtor from liability.

What are the requisites for a fortuitous event to exempt a debtor from liability?

1. The event must be independent of the obligor's will. 2. It must be unforeseeable or unavoidable. 3. It must render compliance impossible.

What happens if the obligor is negligent before a fortuitous event?

If the obligor's negligence contributes to the loss, they are not exempt from liability even if a fortuitous event occurs.

What is the liability of common carriers in case of fortuitous events?

Common carriers are responsible for loss or damage unless it is due to a fortuitous event, but they cannot escape liability for negligence.

What is the legal interest rate for loans under the Usury Law?

The legal interest rate is 12% per annum for loans or forbearance of money.

What is the presumption regarding the receipt of principal without reservation?

The receipt of the principal without reservation raises the presumption that the interest has been paid.

What is the effect of a debtor's delay in payment?

A debtor in delay is liable to pay interest, which is 12% per annum from the time of judicial or extrajudicial demand.

What is the action subrogatoria?

Action subrogatoria allows creditors to exercise the rights of the debtor to recover their claims.

What is the action pauliana?

Action pauliana allows creditors to impugn acts done by the debtor to defraud them.

What is the liability of a bailee for loss of a thing through a fortuitous event?

A bailee is liable for the loss of the thing even if it is through a fortuitous event if certain conditions are met.

What is the importance of distinguishing between culpa contractual and culpa aquiliana?

The distinction is important because it affects the defenses available to employers and the nature of liability.

What is the effect of negligence on the part of the injured party?

If the injured party's negligence is the immediate cause of their injury, they cannot recover damages.

What is the burden of proof in a breach of contract case?

In a breach of contract case, the burden of proof lies with the plaintiff to show the existence of the contract and the failure to comply.

What is the significance of Article 2201 in relation to damages?

Article 2201 states that damages for breach of contract should be those that are the natural and probable consequences of the breach.

What is the effect of a debtor's fraud or bad faith on liability for damages?

If a debtor acts in bad faith, they may be liable for all damages that can be reasonably attributed to the non-performance of the obligation.

What is the legal consequence of a debtor's inability to pay due to circumstances beyond their control?

A debtor may be exempt from liability if the inability to pay is due to a fortuitous event.

What is the role of the courts in mitigating damages?

Courts may equitably mitigate damages in cases where the plaintiff's conduct has contravened the terms of the contract.

What is the effect of a contract of carriage on the liability of the carrier?

In a contract of carriage, the carrier is presumed to be at fault if a passenger is injured or a good is lost.

What is the significance of the term 'good father of a family' in negligence cases?

The term refers to the standard of diligence expected from a person in fulfilling their obligations.

What is the legal definition of negligence?

Negligence is defined as the failure to observe the degree of care, precaution, and vigilance that the circumstances demand.

What is the effect of a receipt issued for a part of the principal?

A receipt for a part of the principal does not raise the presumption that prior installments have been paid.

What is the liability of a common carrier for damages caused by their employees?

Common carriers are liable for damages caused by their employees in the performance of their duties.

What is the effect of a debtor's negligence on their liability for damages?

If a debtor's negligence contributes to the loss, they may still be held liable despite the occurrence of a fortuitous event.

What is the significance of the term 'specific performance' in obligations?

Specific performance refers to the right of a creditor to demand the exact fulfillment of an obligation.

What is the legal basis for awarding moral damages?

Moral damages may be awarded in cases of willful injury to property or breaches of contract where the defendant acted in bad faith.

What is the effect of a debtor's prior negligence on their liability for a fortuitous event?

A debtor cannot be exempted from liability for a fortuitous event if their prior negligence contributed to the loss.

What is the role of the creditor in pursuing claims against a debtor?

The creditor may pursue the debtor's property and exercise the debtor's rights to recover their claims.

What is the effect of a debtor's fraud on their obligations?

A debtor guilty of fraud is liable for all damages resulting from their fraudulent actions.

What is the significance of the term 'legal interest' in obligations?

Legal interest refers to the interest rate presumed by law in the absence of a stipulated rate.

What is the effect of a debtor's inability to pay due to financial hardship?

A debtor's financial hardship does not excuse non-fulfillment of their obligations unless it is due to a fortuitous event.

What is the legal consequence of a debtor's failure to comply with a contractual obligation?

The debtor may be held liable for damages resulting from their failure to comply with the obligation.

What is the effect of a creditor's actions in pursuing a debtor's property?

The creditor may exercise all rights and bring actions of the debtor to satisfy their claims.

What is the significance of the term 'contributory negligence'?

Contributory negligence refers to the injured party's own negligence that contributes to their injury, affecting their ability to recover damages.

What is the legal basis for awarding exemplary damages?

Exemplary damages may be awarded if the defendant acted in a wanton, fraudulent, or reckless manner.

What is the effect of a debtor's delay in payment on their liability?

A debtor in delay is liable to pay interest from the time of judicial or extrajudicial demand.

What is the role of the courts in determining negligence?

The courts assess the circumstances of each case to determine whether negligence occurred.

What is the significance of the term 'ordinary diligence' in obligations?

Ordinary diligence refers to the level of care expected from a reasonable person in fulfilling their obligations.

What is the effect of a debtor's negligence on their liability for damages?

A debtor's negligence may result in liability for damages if it contributes to the loss.

What is the legal basis for a creditor to impugn acts done by a debtor?

A creditor may impugn acts done by a debtor to defraud them when they cannot recover their claim through other means.

What is the significance of the term 'specific thing' in obligations?

A specific thing refers to a particular item that is the subject of an obligation, which must be delivered as agreed.

03_ObliCon

Flashcard

•

Other

•

12th Grade

•

Practice Problem

•

Hard

Karen Schnaberdoodle

FREE Resource

Student preview

49 questions

Show all answers

FLASHCARD QUESTION

Front

What is culpa aquiliana?

Back

Culpa aquiliana refers to a quasi-delict or negligence that can exist independently of a contractual relationship between parties.

FLASHCARD QUESTION

Front

Can a quasi-delict breach a contract?

Back

Yes, a quasi-delict can be the cause for breaching a contract, allowing for the application of tort principles even when a contract exists.

FLASHCARD QUESTION

Front

What is the difference between culpa contractual and culpa aquiliana?

Back

Culpa contractual arises from a breach of a contractual obligation, while culpa aquiliana arises from a negligent act that causes harm independently of any contract.

FLASHCARD QUESTION

Front

What does Article 2177 of the Civil Code prohibit?

Back

Article 2177 prohibits recovering twice for the same negligent act.

FLASHCARD QUESTION

Front

What is the aggrieved party's choice in negligence cases?

Back

The aggrieved party may choose between a criminal action under Article 100 of the Revised Penal Code or a civil action for damages under Article 2176 of the Civil Code.

FLASHCARD QUESTION

Front

What is the significance of Article 2180 in relation to employer liability?

Back

Article 2180 states that an employer may be excused from liability for a negligent act of an employee if they can prove they exercised all due diligence to prevent the damage.

FLASHCARD QUESTION

Front

What is the presumption of negligence in a breach of contract?

Back

In a breach of contract, the mere proof of the existence of the contract and the failure to comply justifies a presumption of negligence.

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