Mutual Agreement To Contravene Tenor

Art. 1170. Those who, in fulfilling their obligations, have been guilty of fraud, negligence or delay, and those who in some way infringe their tenor, are liable for the damages. (1101) Art. 1171. Responsibility for fraud is required in all obligations. Any waiver of future fraud lawsuits is non-atrocious. (1102 bis) Art. 1172. Liability resulting from negligence in the performance of any type of duty is also required, but this liability may be settled by the courts depending on the circumstances. (1103) Art. 1173.

The debtor`s fault or negligence consists of the omission of that diligence, required by the nature of the undertaking and corresponding to the circumstances of the persons, time and place. In the event of negligence, there is bad faith, the provisions of sections 1171 and 2201, paragraph 2, apply. If the law or contract does not indicate the due diligence to be followed during the performance, what is expected of a good family man is necessary. (1104a) Art. 1174. Except in cases expressly provided for by law or where they are declared by another provision, or where the nature of the obligation requires risk-taking, no person is responsible for unpredictable or, if predictable, unavoidable events. (1105a) Chaves appealed because he only attributed the value of the missing parts of the typewriter, instead of the total cost of the work and materials that went to repair the machine. It is clear that the defendant`s appeal violated the tone of his undertaking, not only because he was not repairing the typewriter, but because it made it “in ruins”.

Faithful adherence to an obligation according to its tone is required by law; an inexcusable omission makes the debtor liable for the resulting losses and damages. (Arrieta vs. NARIC, 10 SCRA 79) Example: Asbonclz requires Heda to give a private car on January 1, 2018. On January 1, 2018, Asbonclz failed to deliver a private car to Heda. As Heda wanted a car, she asked for Asbonclz`s performance outside by calling her to Baranggay Saray Hall to perform what they had agreed. Although Kapitan Tiago, Baranggay Saray Chairman, said they had to settle their differences by agreeing to a joint agreement for the car to be delivered instead on January 10. But when January 10 arrived, Asbonclz failed to deliver the car to Heda. Reciprocal obligations are those that are created or created simultaneously for the same reason and which result in a relationship between creditor and debtor between the parties. The power of withdrawal or enforcement, with the payment of damages in both cases, is a reciprocal obligation if one of the debtors does not discharge its debt. (Art.

1191) (2) In cases of fraud, negligence or delay, performance of duty or breach of tenor`s tone.

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