is the fulfillment of which will extinguish an obligation already existing.

It is merely the failure to perform an obligation on time.

signify the money compensation awarded to a party for loss or injury resulting from breach of contract or obligation by the other.

when it is fixed by the court.

the happening of which extinguishes the obligations.

there are several conditions and all must be fulfilled.

when it is agreed to by the parties.

the condition consists in the performance of an act.

Kinds of Delay

is the value placed on injury or damage due to an accident caused by another’s negligence, a breach of contract

It shall only be effective upon the fulfillment of the condition.

there are several conditions and only one or some of them must be fulfilled

the condition depends upon the will of one of the contracting parties.

the condition is not capable of fulfillment, legally and physically.

Obligation is not transmissible if the obligation is under contract of partnership, contract of agency and contract of commodatum

occurs when a things goes not of commerce or when a thing here to fore legal becomes illegal

It is the failure to perform an obligation on time which failure constitutes a breach of the obligations

the happening of which gives rise to the obligations

Driving at 100 km/hr. on the super highway is permissible but driving at the same rate of speed in Ayala Avenue Makati is gross recklessness

Kinds of Loss

when it is fixed or it is known when it will come

Secondary Classification of Obligation

negligence which by itself is the source of obligation between the parties not so related before by any pre-existing contracts.

the condition depends upon chance or upon the will of third person.

Two Ways of Delay

is one whose effects or consequences are subjected in one way or another to the expiration of arrival of said period or term.

the condition consists in the omission of an act.

Article ____ of ______ states: “In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or cold have reasonably foreseen at the time of the obligation was constituted.

the condition is not susceptible of partial performance.

KINDS OF NEGLIGENCE ACCORDING TO SOURCE OF OBLIGATION

the condition is capable of fulfillment, legally and physically.

It is one whose consequences are subject in one way or another to the fulfillment of a condition.

This are fruits of a thing or additions to improvements upon a thing or principal.

It is the delay of the obligors in reciprocal obligations. The net result is that there is no actionable default on the part of both parties.

Kinds of Fortuitous Events

It is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.

It is the delay on the part of the debtor to fulfill his/her obligations.

when it is provided for by laws.

the condition is merely inferred.

negligence resulting in the commission of a crime

any event which cannot be foreseen, or which though foreseen, is inevitable

event independent of the will of the obligor but not of other human wills.

occurs when a thing perishes as when a house is burned and reduced to ashes.

FACTORS TO BE CONSIDERED IN DETERMINING ISSUES OF NEGLIGENCE

Classifications of Conditions

the obligations is valid until up to a day certain and terminates upon arrival of the period.

Kinds of Period or Terms

merely makes the debtor liable for damages in view of his negligence in the fulfillment of a pre-existing obligations

guard, a man in the prime of life, robust and healthy, sleeping while on duty is guilty of negligence

an event which are totally independent will of every human being.

It is the delay on the part of the creditor to accept the performance of obligation.

Driving a car without headlights at night

failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury.

Those events which are common and which the contracting parties could reasonably foresee.

the condition is susceptible of partial performance

occurs when a thing disappears in such a way that its existence is unknown, or even known, it cannot be recovered, whether as a matter of fact or of law

Those events which are uncommon and which the contracting parties could not have reasonably foreseen.

the condition depends partly upon chance and partly upon the will of third person

this are things joined to or included with the principal thing for latter’s embellishment, better use or completion.

Primary Classifications of Obligation

Two Kinds of Conditional Obligations

Smoking while carrying materials known to be inflammable constitutes negligence.

when it is agreed to by the parties. (definiteness)

the obligation begin only from a day certain upon the arrival of period.

That upon the death of the creditor, the obligation shall be extinguished, or that the creditor cannot assign his credit to another.

the condition is clearly stated.