DE LA SALLE-COLLEGE OF SAINT BENILDE Career Development Program School of Management and Information Technology COURSE TITLE COURSE CODE

COURSE CREDIT PRE-REQUISITE INSTRUCTOR TERM : : : : : BUSINESS LAW I (The Law on Obligations and Contracts) BUSLAW 1 3 units None : Atty. Kristian R. Ablan 1st Trimester, School Year 2011-2012

COURSE DESCRIPTION: This course serves as a) an introduction to law and b) an overview of the basic principles of obligations and contracts which includes discussions of their nature, kinds, consequences and extinguishment. COURSE OBJECTIVES: At the end of the course, the student should be able to:
1. Understand the purpose and importance of laws in general

2. Have a basic knowledge of the Philippine legal system 3. Describe and distinguish the nature, elements and types of obligations and contracts and give situations/examples 4. Discuss the principles regarding the formation, effects, consequences and termination of obligations and contracts 5. Differentiate a valid obligation/contract from a defective one and, thereafter, suggest remedies based on the principles studied 6. Gain or enhance analytical skills by pinpointing the problems, issues and solutions in cases 7. Apply the principles learned in obligations and contracts in business transactions and everyday activities. Likewise, the course aims to: 1. Infuse the student with a working knowledge of the law in obligations and contracts so as to enable him to act adequately, competently and favorably in applicable situations 2. Enable the student to cultivate within himself an awareness of his commitments and responsibilities arising from obligations and contracts 3. Enable the student to integrate the values of fairness and integrity whenever he assumes obligations and/or enters into contracts. REFERENCES: De Leon, Hector S. The Law on Obligations and Contracts Nolledo, Jose. Handbook on Obligations and Contracts COURSE OUTLINE: A. INTRODUCTION 1. 2. Overview of the Philippine Legal System Modes of Dispute Resolution a. Judicial b. Extra-Judicial

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Important Legal Concepts to Remember a. Prescription vs. Laches b. Juridical Capacity vs. Capacity to Act c. Natural Person vs. Juridical Person d. Guaranty vs. Surety

B. OBLIGATIONS 1. Definition/Concept/Nature 2. Elements/Requisites of an Obligation 3. Civil Obligation Distinguished from Natural Obligation 4. Sources of Obligation a. Law b. Contracts c. Quasi-contracts d. Delicts e. Quasi-delicts 5. Concept of Generic and Determinate Objects 6. Rights and Duties of Creditor and Debtor (in Obligations to give, to do, not to do) 7. Breach of Obligation a. Voluntary b. Involuntary C. KINDS OF OBLIGATIONS 1. Pure Obligations 2. Conditional Obligations a. suspensive v. resolutory b. potestative v. casual v. mixed c. possible or impossible d. positive and negative e. negative impossible condition f. constructive fulfillment of the condition 3. Obligation with a Period 4. Alternative and Facultative Obligations 5. Joint and Solidary Obligations a. joint indivisible obligation 6. Divisible and Indivisible Obligations 7. Obligations with a Penal Clause D. EXTINGUISHMENT OF OBLIGATIONS 1. Payment a. Dation in Payment b. Application of Payment c. Payment by cession d. Tender of Payment and Consignation 2. Loss of the thing due 3. Condonation or remission of the debt 4. Confusion or merger of rights 5. Compensation 6. Novation 7. Other Forms of Extinguishment a. Fulfillment of Resolutory Condition b. Prescription c. Rescission
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d. Annulment E. CONTRACTS 1. Definition and Nature of Contracts 2. Characteristics of Contracts a. Obligatory b. Autonomy c. Mutuality d. Relativity 3. Essential Elements of Contracts a. Consent b. Object c. Cause 4. Natural and Accidental Elements of Contracts 5. Nominate & Innominate Contracts 6. Stages of Contracts a. Generation b. Perfection c. Consummation 7. Form of Contracts 8. Reformation and Interpretation of Contracts F. DEFECTIVE CONTRACTS 1. Rescissible Contracts 2. Voidable Contracts 3. Unenforceable Contracts 4. Void Contracts G. NATURAL OBLIGATIONS H. AGENCY 1. 2. 3. 4. 5. 6. 7. 8. Definition Essential Elements Characteristics Kinds of Agency Obligations of the Principal Obligations of an Agent Appointment of a Sub-Agent Modes of Extinguishment

METHODOLOGY: 1. Lecture-discussion (as the main approach) 2. Case analysis 3. Alternative approaches/activities: group contests, resource persons, reaction papers on news articles/real life events related to the lesson, simulation, contract-drafting, etc. GRADING SYSTEM: 1. Attendance - 10% 2. Class Standing (Recitation, Exercises and Quizzes) 30% 3. Midterm Examination 30% 4. Final Examination 30%

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