Pointers AB16

• Violation of any of the agreed-upon terms and conditions of a binding contract.

  BREACH OF CONTRACT
• As a tort means an unlawful interference with a person's use or enjoyment of land or a land or a right over it, or in relation to it.

  NUISANCE
• Government

  • Legislative - makes laws
  • Executive - carries out laws
  • Judicial - evaluates laws
• GOOD FAITH


  honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act even when to some legal technically is not fulfilled.
• OBLIGATION


  defined in Article 1156 of the Civil Code as a juridical necessity to give, to do or not to do.
• Obligation to Do


  Physical or mental work
• "OBLIGARE"


  Latin word of Obligation, meaning to bind.
• NEGOTIORIUM GESTIO (Inofficious Manager/ Unauthorized Management)


  A person voluntarily takes charge of the management of the business or property of another person without any authority from the latter.

  Reimbursement must be made to the gestor
• SOLUTIO INDEBITI (Unjust Enrichment)


  A person receives something from another without any right to demand for it
• DECEIT


  The act is performed with deliberate intent.
• FAULT


  The wrongful act results from impudence, negligence, lack of foresight, lack of skill
• QUASI-DELICT


  An act or omission of a person which causes damage to another and gives rise to the obligation to pay for the damages one.
• ACTS OR OMISSIONS PUNISHABLE BY LAW (Delicts)


  these are acts or omissions punished by law and are committed not only by means of deceit but also by means of fault.
• ACTS OR OMISSIONS

  • Acts (actions)- physically doing something.
  • Omission - failure to act under duty.
• DECEIT


  Dishonest behavior; behavior that is meant to fool or trick someone.
• 13th MONTH PAY LAW


  The employer is required to give the 13th month pay to its employees and does not have to agree to the bound since it is provided before the law.
• NEGOTIATION


  Begins from the time the prospective contracting parties indicate their interest in the contract and ends at the moment of their agreement.
• STAGES OF CONTRACT

  • NEGOTIATION
  • PERFECTION OR BIRTH
  • CONSUMMATION or TERMINATION
• 2 PRINCIPLE FORMS OF QUASI CONTRACT

  • NEGOTIORIUM GESTIO
  • SOLUTIO INDEBITI
• MORALS


  Pertains to or relate to the conscience or moral sense to the general principles of right conduct.
• GOOD CUSTOMS


  These are habitual or customary practices, more or less widespread, which prevail within a geographical or sociological area by long and and varying habit.
• PUBLIC POLICY


  The tendency to injure public is against public good or contraveness some established interest of society or is inconsistent with sound policy.
• OBLIGATIONS ARISING FROM LAW

  • Must be clearly and expressly stated in the law in order for them to be demandable.
  • Consent is not necessary to be bound.
  • Precriptive Period is 10 years.
• OBLIGATIONS ARISING FROM CONTRACTS

  • Are based on the stipulation terms and conditions between the parties.
  • Consent, object and cause or considerations are essential requisites.
  • Prescriptive period is 10 years for written contracts and 6 years for oral contracts.
• RA 6955 (JUNE 13, 1990)


  THE ANTI-MAIL ORDER BRIDE ACT
• QUASI-CONTRACT


  Juridical relation resulting from a lawful voluntary and unilateral act and which has for its purpose to payment of indemnity to the end that no one shall be unjustly enriched or benefit at the expense of another.

  Not meeting of minds.
• UNJUST ENRICHMENT


  A person unjustly retains a benefit to the loss of another, or when a person retains the money or property of another against the fundamental principles of justice, equality, and good conscience.
• Contracts

  • stipulations, terms and conditions between the parties.
  • due to the bilateral
  • Prescriptive Period is 10 years for written; 6 years for oral contracts.
• Quasi-Contracts

  • to prevent unjust enrichment.
  • lawful, voluntary, and unilateral acts of one person
  • 6 years
• UNJUST ENRICHMENT


  A person unjustly retains a benefit to the loss of another, or when a person retains the money or property of another against the fundamental principles of justice, equality, and good conscience.
• RESTITUTION


  Of the thing itself must be made whenever possible with a due allowance for any deterioration or diminution of value as determined by the court.
• REPARATION


  The court shall determine the amount of the damage taking into consideration the price of the thing whenever possible and its special sentimental value to the injured party.
• INDEMNIFICATION


  Shall include not only those cost to the injured party but also those suffered by his family or by a third person by reason of the crime.
• QUASI-CONTRACT


  An agreement between two parties that is imposed by lower no explicit contract previously existed.
• RESTITUTION


  The restoration of something lost or stolen to its proper owner.
• REPARATIONS


  If someone is found guilty before the ICC (International Criminal Court) the judges will determine the scope and extent of damage loss and injuries suffered by victims and consider granting reparations.
• INDEMNIFICATION


  A critical yet misunderstood contract clause.
• UNILATERAL CONTRACTS


  Contract written by one party who sets the terms and is the only party with any obligations.
• Three kinds of diligence

  • Extraordinary diligence
  • Ordinary diligence
  • Slight diligence
• Extraordinary diligence


  The extreme degree of care and caution which persons of unusual prudence and circumspection use for security and preserving that which is entrusted to them