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

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

Two Ways of Delay

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

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

Kinds of Delay

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.

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

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

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.

KINDS OF NEGLIGENCE ACCORDING TO SOURCE OF OBLIGATION

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

negligence resulting in the commission of a crime

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

FACTORS TO BE CONSIDERED IN DETERMINING ISSUES OF NEGLIGENCE

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

Driving a car without headlights at night

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

Smoking while carrying materials known to be inflammable constitutes negligence.

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

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.

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

Kinds of Loss

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

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

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

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

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

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

Kinds of Fortuitous Events

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

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

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

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

Primary Classifications of Obligation

Secondary Classification of Obligation

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

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

Two Kinds of Conditional Obligations

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

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

Classifications of Conditions

the happening of which gives rise to the obligations

the happening of which extinguishes the obligations.

the condition is clearly stated.

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

the condition is capable of fulfillment, legally and physically.

the condition is merely inferred.

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

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

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

the condition is not susceptible of partial performance.

the condition consists in the omission of an act.

the condition is susceptible of partial performance

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

there are several conditions and all must be fulfilled.

the condition consists in the performance of an act.

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

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

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

when it is fixed by the court.

when it is agreed to by the parties.

when it is provided for by laws.

Kinds of Period or Terms

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

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