Beruflich Dokumente
Kultur Dokumente
Legal Delay/Mora
Negligence/Culpa
FRAUD
Kinds
1) Art. 1338 - Dolo causanti (fraud in obtaining consent false
representation or misrepresentation-Art. 1342/deliberate intent to deceive)
EFFECT Art. 1390/1344 1st part contract is voidable
REMEDY - Annulment
2) Art. 1344 2nd sent Dolo incidenti (willful/fraud in performing the
obligation/contract
EFFECT/REMEDY BREACH OF CONTRACT WITH DAMAGES
EXAMPLE Angel Locsin obliged himself to deliver to Luis
Manzano 100 cavans of sinandomeng rice. Angel Locsin
delivered 100 cavans of sinandomeng variety but mixed with
NFA variety.
damages because of the refusal of the defendant to enter into the partnership.
However, the plaintiff was also held liable for damages to the defendant for
the misrepresentation that the former had the exclusive franchise to soft
drink bottling operations.
To summarize, if there is fraud in the performance of the contract,
then this fraud will give rise to damages. If the fraud did not compel the
imputing party to give his or her consent, it may not serve as the basis to
annul the contract, which exhibits dolo causante. However, the party
alleging the existence of fraud may prove the existence of dolo incidente.
This may make the party against whom fraud is alleged liable for
damages.