ART. 1170 -

• WHEN THE TIME OF PERFORMANCE IS NOT FIXED OR IS STATED IN GENERAL OR INDEFINITE TERMS, TIME IS, AS A RULE, NOT THE ESSENCE OF THE CONTRACT IN WHICH CASE, PERFORMANCE MUST BE MADE WITHIN A REASONABLE TIME.
• What is a reasonable time may depend upon the circumstances of the particular case.
• It is not necessary for the contract to categorically state that time is of the essence; intent is sufficient.
• Reciprocal obligations must be simultaneous
• Art. 1170 - Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages.
• Fraud (deceit or dolo) - it is the deliberate or intentional evasion of the normal fulfillment of an obligation. It implies a kind of malice or dishonesty and it cannot cover mere cases or dismissal of a mistake.
• Article 1170 refers to INCIDENTAL FRAUD (DOLO INCIDENTE)
• INCIDENTAL FRAUD (dolo incidente) - fraud already existing because of a contract
• CAUSAL FRAUD (DOLO CAUSANTE) - is fraud employed in the execution of a contract which vitiates (impairs/spoils) consent.
• Causal Fraud = if this fraud did not exist, the victim would not have given his/her consent.
• Negligence (fault or culpa) - it is any voluntary act or omission, there being no bad faith or malice, that exercises the failure to do the degree of care required by the circumstances.
• the contravention must not be due to a fortuitous event or force majeure
• waiver of the liability for future fraud is VOID.
• Fraud must be clearly proved, while negligence is presumed from the violation of a contractual obligation.
• LIABILITY FOR FRAUD CANNOT BE MITIGATED OR REDUCED BY COURTS
• LIABILITY FOR NEGLIGENCE MAY BE REDUCED ACCORDING TO CIRCUMSTANCES.
• FRAUD AND NEGLIGENCE are similar in a way that both are voluntary and committed with volition (making a choice or decision)
• NEGLIGENCE that is gross or shows bad faith is equivalent to FRAUD
• Art. 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for FUTURE FRAUD is VOID
• ART.1171 - pertains to INCIDENTAL FRAUD - which is fraud employed in the fulfillment of an obligation.
• FRAUD IS DEEMED SERIOUS AND EVIL THAT ITS EMPLOYMENT TO AVOID THE FULFILLMENT OF ONE'S OBLIGATION SHOULD BE DISCOURAGED
• A WAIVER OF AN ACTION FOR FUTURE IS VOID (no effect, as if there was no waiver)
• A PAST FRAUD can be the subject of a valid waiver because the waiver can be considered as an act of generosity and magnanimity (charity) on the part of the party who is the victim of the fraud.
• NEVER A FUTURE FRAUD
• ANY WAIVER FOR PAST FRAUD IS VALID
• Art.1172 = RESPONSIBILITY ARISING FROM NEGLIGENCE IN THE PERFORMANCE OF EVERY KIND OF OBLIGATION IS ALSO DEMANDABLE, BUT SUCH LIABILITY MAY BE REGULATED BY THE COURTS, ACCORDING TO THE CIRCUMSTANCES.
• in negligence there is no bad faith.
• NEGLIGENCE IS NOT AS SERIOUS AS FRAUD
• NEGLIGENCE is a question which must necessarily depend upon the circumstances of each particular case.
• NEGLIGENCE DOES NOT HAVE THE DELIBERATE INTENTION TO CAUSE INJURY OR DAMAGES.
• An action for future negligence may be renounced except where the nature of the obligation requires to exercise of extraordinary diligence.
• Any waiver of an action for future negligence, is void
• CONTRACTUAL NEGLIGENCE (CULPA CONTRACTUAL) - A contractual obligation is breached. This kind of negligence is not a source of obligation. It merely makes the debtor liable for damages in view of his negligence in the fulfillment of a pre-existing obligation.
• CIVIL NEGLIGENCE (CULPA AQUILIANA) - it is also called a tort or quasi - delict.
• CRIMINAL NEGLIGENCE ( CULPA CRIMINAL ) - negligence resulting in the commission of a crime.
• WHAT IS PROHIBITED under ARTICLE 2177 of the Civil Code is to RECOVER TWICE for the same negligent act.
• A CRIME can be committed by negligence.
• TO BE ENTITLED TO DAMAGES, IT IS NOT REQUIRED THAT THE NEGLIGENCE OF THE DEFENDANT SHOULD BE THE SOLE CAUSE OF THE DAMAGE.
• Art. 1173 - THE FAULT OR NEGLIGENCE OF THE OBLIGOR CONSISTS IN THE OMISSION OF THAT DILIGENCE WHICH IS REQUIRED BY THE NATURE OF THE OBLIGATION AND CORRESPONDS WITH THE CIRCUMSTANCES OF THE PERSON, OF THE TIME, AND OF THE PLACE. WHEN NEGLIGENCE SHOWS BAD FAITH, THE PROVISIONS OF ARTICLES 1171 AND 2201, shall apply.

  IF THE LAW OR CONTRACT DOES NOT STATE THE DILIGENCE WHICH IS TO BE OBSERVED IN THE PERFORMANCE, THAT WHICH IS EXPECTED OF A GOOD FATHER OF A FAMILY SHALL BE REQUIRED.
• NEGLIGENCE - is a question of fact, that is, its existence being dependent upon the particular circumstances of each case. THERE IS NO HARD AND FAST RULE FOR MEASURING THE DEGREE OF CARE.