Obligation and contract

• The defendant must have owed a duty of care to the claimant, breached that duty, caused damage and there was no contributory negligence on behalf of the claimant.
• Duty of Care - The court will consider whether it would be fair just and reasonable to impose a duty of care upon the defendant towards the claimant.
• 'A' is liable to 'B' if the tort committed by A causes damage to B
• An obligation is a juridical necessity to give, to do or not to do.
• Civil Obligations give a right of action to compel their performance.
• Natural Obligations do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof.
• When a right to sue upon a civil obligation has already existed, the obligor who voluntarily performs the contract cannot recover what he/she has delivered or the value of the service he/she has rendered.
• The Active Subject of an obligation is the Obligee or the Creditor who can demand the performance or fulfillment of the obligation.
• The Passive Subject of an obligation is the Obligor or the Debtor against whom the obligation may be demanded.
• The Juridical Tie, also called as the Vinculum Juris, binds the parties to the obligation.
• Other causes of extinguishment of obligations, governed by the other provisions of the Civil Code, include annulment of contract/obligation, rescission of contract, fulfillment of resolutory condition, prescription, renunciation/waiver by the obligee, compromise, and the death of the contracting party (in case of personal obligations).
• Obligations are extinguished by the loss of the thing due.
• Obligations are extinguished by novation.
• Obligations are extinguished by the condonation or remission of the debt.
• Obligations are extinguished by compensation.
• Obligations are extinguished by the confusion or merger of the rights of creditor and debtor.
• Obligations are extinguished by payment or performance.
• The Prestation is the object of the obligation which may be a thing to be given or an act or omission.
• Obligations arise from Law, Contracts, Quasi-contracts, Acts or omissions punished by law, and Quasi-delicts.
• Obligations arising from law cannot be presumed and can only be those expressly determined in the Civil Code or in special laws.
• Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
• Obligations arising from quasi - contracts are c ertain lawful, voluntary and unilateral acts that give rise to the juridical relation of quasi - contract to prevent unjust enrichment or benefit at the expense of another.
• Quasi-delict is a civil liability imposed by law when damage is caused by one's act or omission, there being fault or negligence.
• Every person liable for a felony is also civilly liable.
• An obligation to pay damages arises against the local government unit concerned, in favor of Ms. Queen for the injuries she suffered and for her treatment and recovery.
• Solutio Indebiti is a juridical relation which arises whenever a person unduly delivers a thing through mistake to another who has no right to demand it.
• The requisites of liability in quasi-delict are fault or negligence of the defendant, damage suffered or incurred by the plaintiff, and a relation of cause and effect between the fault or negligence of the defendant and the damage by the plaintiff.
• Negotiorum Gestio is a juridical relation which arises whenever a person voluntarily takes charge of the agency of management of the business or property of another without any power or authority from the latter.
• Personal right is a right pertaining to a person to demand from another, as a definite passive subject, the fulfillment of a prestation to give, to do or not to do.
• Real right is a right pertaining to a person over a specific thing, without a passive subject individually determined against whom such right may be personally enforced.
• The debtor in an obligation to give a generic thing is not bound to deliver a specific thing belonging to a certain class of objects, but can deliver any object from that class.
• The creditor in an obligation to give a generic thing does not have the right to compel specific performance, but can ask that the obligation be complied with at the expense of the debtor.
• The debtor in an obligation to give a generic thing does not have the right to recover damages for breach of the obligation.
• A determinate thing is a thing that is particularly designated or physically segregated from all others of the same class.
• The debtor in an obligation to give a determinate thing is bound to deliver to the creditor the thing which is particularly designated or physically segregated from all others of the same class.
• The creditor in an obligation to give a determinate thing has the right to compel specific performance, which means the creditor may compel the debtor to make delivery.
• The debtor in an obligation to give a generic thing has the right to recover damages for breach of the obligation.
• The creditor in an obligation to give a generic thing has the right to recover damages for breach of the obligation.
• Rain to prevent a person from occupying his land is enforceable against anybody who tries to do so.
• The right of ownership gives a person the ability to enforce an obligation against the whole world.