Tiêu đề RFBT Self Study Part 1.pdf ✅

• Quasi-contract • Delict • Quasi-delict (Negligence/tort) NOTE: The quasi-contracts, delicts and quasi-delict are also found in the law. Hence, the two sources of obligation are provisions of law and contracts. Types of obligations: • Pure – no condition or period; demandable immediately. • Conditional – subject to a condition (suspensive vs resolutory). o Suspensive → obligation arises only when condition happens. o Resolutory → obligation extinguished when condition happens. NOTE: If condition depends on debtor’s will → void. If on creditor’s will → valid. • With a period o Suspensive period → demandable upon arrival of due date. o Resolutory period → demandable now, extinguished when period arrives. NOTE: Period presumed for benefit of both creditor and debtor, unless otherwise stipulated. • Alternative – several prestations, one fulfilled extinguishes obligation. Alternative vs. facultative: o Alternative → several prestations; choice usually with debtor (unless expressly granted to creditor). o Facultative → only one prestation due, but debtor may substitute. NOTE: If debtor cannot perform principal in facultative, obligation is extinguished (unless substitution already made). • Solidary vs joint – solidarity is never presumed; must be by law, stipulation, or nature. • Divisible vs indivisible – based on nature/object. Remedies of creditor: • Action for fulfillment (specific performance) • Substitute performance at debtor’s expense • Rescission • Damages Kinds of Damages A. Actual or Compensatory Damages • Real, positive loss (damnum emergens) and unrealized profits (lucrum cessans). • Must be proved with certainty (receipts, records, etc.). Example: Hospital bills due to breach of contract; lost income due to delay in delivery. B. Moral Damages • Awarded for physical suffering, mental anguish, wounded feelings, social humiliation, similar injury. • Requires fraud, bad faith, malice, or wanton attitude in the breach. Example: Bank wrongfully dishonors check of a businessman → injury to reputation. C. Nominal Damages • Awarded to recognize violation of a right, even if no actual loss. • Purpose: Vindicate or recognize a right. Example: Landlord illegally entered tenant’s premises but tenant suffered no financial loss. D. Temperate or Moderate Damages • Awarded when some pecuniary loss is suffered but amount cannot be proven with certainty. Example: Loss of expected earnings in a business where no receipts are available. E. Liquidated Damages • Amount pre-agreed upon by the parties in case of breach. • Court may reduce if unconscionable or iniquitous. Example: Contract says supplier must pay ₱50,000 if delivery is delayed. F. Exemplary or Corrective Damages • Awarded by way of example or correction for public good. • Requires showing of gross negligence, bad faith, or wanton attitude. • Can be awarded in addition to other damages. Example: Employer acted in bad faith in dismissing employee. Nominal vs. Temperate: Nominal = no actual loss but right violated; Temperate = some actual loss but amount unproven. Liquidated Damages: Pre-agreed; may be reduced if unconscionable. Moral Damages: Not automatic in breach of contract — requires bad faith or fraud. Exemplary Damages: Cannot be awarded alone; must accompany other damages. Actual Damages: Must be proven; otherwise, only temperate or nominal may be awarded.