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The court however believed, that the amount of P100,000.00 awarded to appellee as exemplary damages is somewhat excessive it appearing that appellant did not act in … Learn vocabulary, terms, and more with flashcards, games, and other study tools. 2018/2019. OBLICON Wednesday, December 5, 2012. GENERAL PROVISIONS Two causes of action to recover damages: 1.Article 100 of RPC Civil Liability arising from crime 2.Article 2176 of the Civil Code Action for Quasi Delict Cannot recover damages twice for the same act, but failure to recover from one action will not preclude action based on the other. Kinds of delay or default. The seller has the privilege to choose only one of the remedies, and not both. If lost due to fortuitous event, a.a. A and B bound themselves solidarily to deliver a motor cycle to C with chasy no. oblicon: notes/transcriptions 1 Areola vs CA. The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages. b) There must be damage or injury c) There must be a direct relation of cause and effect between the fault or negligence on the one hand and the damage or injury on the other hand ( proximate cause ) Note: The SC in Sagrada v. Naccoco implied that the sources of obligation in Art 1157 is exclusive. One year after the arrival of the period, the motorcycle was destroyed due to a powerful cyclone. Kinds of damages. Comments. Mora solvendi 2. If two or objects remain, the obligation subsists Compensatory damages are monetary damages that are awarded with the intent of compensating the non-breaching party for any losses suffered as a … The award therefore, made by the court a quo of the amount of P100,000.00. The debtor is guilty of breach or violation of the obligation (demandable) He is liable to the creditor for interest or damages. Bachelor of Science and Accoutancy (BSA) Academic year. 5.5. Share. In a newspaper ad, there was an offer to replace 30 sachets of Tide for one Venetian cut Glass until the end of the year. Start studying Chapter 2 Oblicon. DIFFERENT KINDS OF OBLIGATIONS SECTION 1. Oblicon CHAP 1 5 - Lecture notes 1. reviewer. Mora accipiendi 3. University of San Carlos. (1092a) Art. 2. creditor’s acts debtor cannot make a choice . Action for Damages c. Specific performance d. Action for Attachment e. All of the above f. None of the above g. A or C. 4. ARTICLE 1179 Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once. Course. University. At the end of the year, you present your tide sachets, but Tide refused to honor it anymore since the ad was posted more than half a year ago. (1113) Read More.. If the buyer does not comply with his obligation to pay, the seller may choose between the two remedies: (a) action for specific performance (fulfillment) of the obligation with the damages; or (b) action for the rescission of the obligation also with damages. 1. Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. 12345 on or before September 9, 2014. ARTICLE 1180… Debtor may rescind the contract with damages if thru . Please sign in or register to post comments. MENTAL. b. Moral damages – they include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation and similar injury. 1162. 1. The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the buyer's breach of contract. Compensatory Damages. Helpful? Art. 83 1. 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