Obligations 2.2: (Nature & Effect of Obligations): Breach & Grounds for Damages
Atty. Javier Philippine Law Lectures for Students・2 minutes read
Bridge is a failure to comply with an obligation without legal reason, with damages aiming to restore the innocent party to their rightful position. Damages are available in cases of breach due to default, fraud, negligence, or contravention of the obligation, with different scenarios triggering liability for interest and damages.
Insights
- Damages are awarded to restore the innocent party to their rightful position when an obligation is breached due to default, fraud, negligence, or contravention, with the aim of compensating for the harm caused by the breach.
- Different types of delays, such as mora solvendi and mora accipiendi, play a crucial role in determining liability for damages in cases of breach, with demands for default varying based on unilateral or reciprocal obligations, stipulations, and legal requirements, ultimately impacting the outcome of claims for damages.
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Recent questions
What is bridge in legal terms?
Failure to comply with an obligation without legal reason.
What are general damages for bridge?
Typical remedy distinct from physical harm.
What triggers default in unilateral obligations?
Demand for default.
What is mora solvendi?
Debtor's delay leading to liability for interest and damages.
What constitutes negligence in obligations?
Failure to observe required diligence.
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Summary
00:00
Understanding Damages for Breach of Obligation
- Bridge is defined as a failure to comply with an obligation without legal reason.
- General damages are the typical remedy for bridge, distinct from physical harm.
- Damages aim to restore the innocent party to the position they would have been in if the obligation was fulfilled.
- Damages are available in cases of breach due to default, fraud, negligence, or contravention of the obligation.
- Default, also known as delay, constitutes bridge when an obligation is not met after a demand by the creditor.
- Unilateral obligations require a demand for default, while reciprocal obligations trigger default when one party is ready to perform but the other is not.
- Mora solvendi refers to the debtor's delay, leading to liability for interest and damages from the date of default.
- Demand may not be necessary for default in certain cases, such as when parties stipulate, the law requires a specific time for performance, or when demand would be useless.
- Mora accipiendi is delay on the part of the creditor to accept delivery, allowing the debtor to consign the thing in court.
- Negligence, like fraud, leads to liability for damages, with negligence defined as the failure to observe required diligence in an obligation.
19:58
Tender Obligation Contravention Leads to Damages
- Contravention of the tender of the obligation refers to any illicit act hindering effective performance in fulfilling an obligation.
- Damages will be claimed in cases of such contravention.
