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1162,2176
Note: Instance when liability for quasi-delict may still exist despite
presence of contract (Coca-Cola Bottlers v. CA)
o DOCTRINE OF PROXIMATE CAUSE: such adequate and efficient cause as, in the natural order of
events, and under the particular circumstance surrounding the cause, would necessarily produce the
event
o NATURAL AND PROBABLE CAUSE: either when it acts directly producing the injury, or sets in motion
other causes so producing it and forming a continuous chain in natural sequence down to the injury o
CONCURRENT CAUSE: if two causes operate at the same time to produce a result which might be
produced by either independently of the other, each of them is a proximate cause
o When the plaintiffs own negligence was the immediate and proximate cause of his injury, he
cannot recover damages.
o BUT if negligence is only contributory, the immediate and proximate cause of the injury is
defendant s lack of due care, the plaintiff may recover damages, the courts shall mitigate the
damages to be awarded (Art 2179)
Compensatio morae parties in a bilateral contract can regulate the order in which they shall comply
with their reciprocal prestations. Otherwise, the fulfillment must be SIMULTANEOUS and RECIPROCAL
GENERAL RULE: Fulfillment of parties should be simultaneous
EXCEPTION: Contrary stipulation (e.g. installment plans)
Requisites of Period/Term
1. Future
2. Certain
3. Possible
All the elements of pactum commissorium were found present in this case:
a) that there should be a pledge or mortgage wherein property is pledged or mortgaged by way of security for the
payment of the principal obligation
b) that there should be a stipulation for an automatic appropriation by the creditor of the thing pledged or
mortgaged in the event of nonpayment of the principal obligation within the stipulated period
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The laws of the land will complete the incompleteness of the contracts. The
law will kick in because the law is deemed to be written in every contract.
Meeting of the minds mean when definite offer is met with definite
acceptance.
2/7/17
The following are some of the circumstances attending sales which have
been dominated by the courts badges of fraud:
1. The fact that the consideration of the conveyance is fictitious or is
inadequate.
2. A transfer made by a debtor after suit has been begun and while it is
pending against him.
3. A sale upon credit by an insolvent debtor.
4. Evidence of large indebtedness or complete insolvency.
5. The transfer of all or nearly all of his property by a debtor, especially when
he is insolvent or greatly embarrassed financially.
6. The fact that the transfer is made between father and son, when there are
present other of the above circumstances.
7. The failure of the vendee to take exclusive possession of all the property.