Transcript for:
Obligations and Breaches

welcome back guys to our channel so this is the business law series so NASA second partner Putin on nature and effects of obligations don't forget to subscribe to be updated on the release of upcoming videos also don't forget to hit the like button if you like this video so last time didn't avoid not in nuuma contents nothing it was a chapter two into two parts pero como la pants in yonder duck the gun poem second part nuttin pero major o'malley it lambda man what do you call this melon amana topic transmissibility of rights so balisong and along yin is an article on yen okay so before anything else nice cool among Ballack on new santa Antipodes come up and scene unit top spot i use different types of breaches so a new a pod okay pero this time it is italian at insula so utopium related article or related provision so article 1170 those who in the performance of their obligations are guilty of fraud negligence or delay and those who in any manner contrary in the tenor of liable for damages okay so let's start by comparing fraud and negligence so we created a table that compare fraud or dollar and negligence or culpa so the first comparison dating a latin is with regards to intent so number one sub fraud there is a deliberate intent to cause damage or injury to another while in negligence where our poem deliberate intent no no no so there is only a lack or insufficiency of diligence required in a given situation so a reticle Natyam diligence about silence e problem okay the specific situation will require for you to observe the diligence of a good father of a family so that is also called ordinary negligence okay pero dependences at way shown my among a certain situations were in it requires you certain level of diligence higher than diligence of a good father of the family okay so such as in a quantum of courage so you must exercise extraordinary diligence so next in fraud the liability cannot be mitigated so when we say mitigated my Bob Watson or Molly lesson in English okay so um fraud it cannot be mitigated by the whole while negligence depending on the circumstances can be mitigated by the whole operating bobasa now in court a okay lastly okay we have the waiver of an action for future fraud is void while intelligence there are certain instances that waiver of an action for future neg negligence may be valid so some fraud absolutely Boyd porn waiver of action so when we say waiver of action you know come baaga this is an aside my own right mo para Gosselin and some tau dash by fraud Schanke noir so for example say some contrada this as a provision is an contrada I in case pneumonia ring fraud in the future become cos ohon so in the new glassing provision Oregon classic stipulation I bow Alto in deep operating during komova nagging classic stipulation or provision say some contract dial table Buddha on I we were of an action for future fraud okay pair up and letting the Manson negligence so where the poem is deeply young or going provision so depending on the circumstances for you okay so pero with regards to pass fraud die zombie run get on the money to a future fraud with regard to the password so quite a potion available so for example behind a penny balloon contract were in Papa tiwari na or Papa tiwari muna de contrato moon Italo now Hindi muna shaken by the kakuzu and supported as an Edwardian pass fraud so pretty cool okay in that case ok I'm Bob Allen talaga issue we probe an action for future prod prod na gagawin belong ok so next so my mama instance is naman we're in fraud or we're in negligence is equivalent to fraud so when it's negligence equivalent to fraud so when there is gross negligence so what do we mean by gross negligence so this is the carelessness which in reckless disregard for the safety or lives of others and so and it's so great it appears to be a conscious violation of the other people's right to safety it is more than simple inadvertence but it is just shy of being intentionally able to answer spoon a tomato i dictionary that law calm so in short asana be nothing gross negligence oh come on simply negligence lung my coulomb kombucha tea Newland class a diligence now and exert more in the given situation when we say gross negligence the man Kumba almost totally wala okay almost totally well a from diligence now are in exert okay in a given situation so commence on the gigging equivalent to fraud neon so dependents a situation okay so you know LICO and gross negligence almost none or totally wallah while you ordinary negligence lung is you luck okay there is a there's a lack of diligence okay there's a lot of diligent students are required diligent service for example extraordinary diligence pero I'm an extra moolah I ordinary diligence so you lacked diligence oh my room negligence Don pero what if Ultimo ordinary negligence will happen in excerpt so figure operation logging gross negligence in that case okay so next so we're having an illustrative case negligence so let me read first Yami is the driver of a carefully driven bus owned by the black balls incorporated while traversing a highway yeah me didn't notice a spa a pedestrian while crossing a pedestrian Lane since the bus speed isn't that fast asta suffered serious but not fatal injuries so in short initially Matai you know a passenger of the bus likewise suffered serious but not fatal injuries so what action or actions can asta in you know take against eme and/or black balls incorporated so next slide we'll have a table that shows okay the different types of negligence which are called Parker Jana called 400,000 criminally so in our last video we mentioned those three but not in in details okay so in here my mama certain factors TinyCo consider so una some object or the source of liability Sosa culpa Aki Liana the source of the liability is the negligence itself okay so meaning our source of obligation in here is quasi Delic second culpa contract well the source of their liability is the breach of contract due to negligence okay so in here the source of obligation is a contract okay so contra p.m. and lastly the source of liability in Kulpa criminal is a criminal negligence okay so in here the source of obligation will be Delic okay next we have the evidence so in order to prove okay or in order to know assert the action for example you take an action for Kolpak ileana so unneeded evidence i the following so under culpa italiana there must be preponderance of evidence as well as culpa contractile so when we say preponderance of evidence so the more evidence you have with regards to the matter so the the more likely you will win the case however in Kulpa criminal there must be proof beyond reasonable reasonable doubt so compared to preponderance of evidence proof beyond reasonable doubt composite AA meeting ensures equality than evidence that will really point out that that the person is guilty of what he talked about of what action you can get away or or unknown crime by only the one yeah okay so okay lemme get proof beyond reasonable doubt so you know pakka come back at Allah Allah evidence sniffling and it also include epochal Jana both in Caucasian and culpa control panel on better positing suppose a criminal so we need proof beyond reasonable doubt so next existing our existence of pre-existing contract required so sosa cool Parkhill Jana so no okay lemon law appellee non-existence of quantity uncle power dropped one so in the you know man Kumba endemic reading a car so young coconut oil boom well a colonic exists the contract between you two okay so in the side in the second no in the side in the third I mean in the fourth I mean the fourth factor so who may take action so Juliana it may be either hasta or you know so if we recall the situation si estoy young pedestrian well you know is the passenger Sosa cool park Ileana have been approved not Indian I there is negligence okay there is negligence okay on the part of the driver so kumbhaka see a stein you know sealion entitled with regards to compare the vanilla a costume cool park Ileana pathetic Masako contractual see you know only why because see you Nolan amber on contractual relation Danza bus bus company so cherkassy young passenger so with regards to us Thomas a pedestrian Lanza so limited longshot owns pool park Ileana wherein you're the source of the liability or you negligence neelam hindi fighting mugging contractual you on the hill the first place well a domicile on contract was the relation all the technological power criminal just like the cool part Ileana see hasta in you know unfading mug take action so next action taken again so in cool Park Ileana so birthday wedding so on is either be amid driver or the blackbolt incorporated which is the owner of the of the bus driven by yummy or both of them can be prosecuted okay but the thing about circles will pop criminal so it's only yummy okay it's only Annie Ellen Cassie if ever me Ramanujan if ever my room criminal intent John munch a criminally or criminally prosecuted CI Melanie way did he'll come - Alana mignon directly involved unless Chantry my penal emergency blood Sparrow made you Milan money re on the hill accident car accident and Anatomy are in tow with regards to cool pocket rock to allomancy black boots incorporated lum-lum pneumococcal and it also bucket Cassie appellee the contract existed not between you know in yeah me because iam is only the driver of the bus but the contract is or the contra existed between black boots incorporated and the passenger you know okay so therefore Sapulpa hundred well kenapa so Hannah John is your bus company mismo okay next with regards to man to the defense of black balls incorporated so under culpa contract wall waiting but a cousin non black balls incorporated Union liability by showing proof that it exerts exercise diligence in the selection and supervision of the of its employees specifically the driver okay all Tottenham and sparrows a cool / contractual Hindi wedding McGee defense pooyan at Lala are forgetting circle cocoon criminal near invading mugging defense Ian pero in the first place cos is cool / criminal hindi naman Shimano in D dimension Kira kosarin pondering suppose a criminal see ya my poem Tina : so in terms of Defense Indian romantic haka l am an Indian okay pero with regards to liability so may Maggie get my bubble bath ID - so Hindi poor condition Tina : under criminal well a national totally liability so that ability lock boot Incorporated is subsidiary or subsidiary liable if Yummie cannot pay damages so when we say damages in you refer to the civil damages or civil liabilities okay so usually you my drive Westerman Cassie Maggie oblong Scylla so my attendance in ah indeed paladin Ilima papaya and young civil damages now eager grad Nam kolten Wong victims not in in this case so there is no depends available since I am snake diligence is conclusive evidence for purposes of subsidiary liability on the part of black boots incorporated okay so young so Tecna Numa booting table post post nuking Kayla a new pong e el dijo que l'on you absorb okay so next slide so next time on Fontana pyo's delay so this time a gigging totally tayo so I'll put it there are two types okay da ba ba ba ba ng getting a PI personal obligation ditto so we have unilateral obligations and reciprocal obligations so when we say unilateral obligations only one of the party is liable okay however in reciprocal obligations actually this is reciprocal obligations is a type of what do you call this the bilateral obligation so when we say bilateral obligation can say both parties are liable to each other so under reciprocal so under bilateral I mean there are two types so we have reciprocal obligations and non reciprocal obligations so reciprocal obligations are fully our obligations were in there is no combat never get away there's no specific time or period when the obligations or the corresponding respective obligations of the tube to parties will be made okay so so we have here general rules okay and the exemptions with regards to delay so under unilateral decision you will have no demanded delay so come along the man in the mug in Colonel de Lacy city at all okay so there are however there are exemptions so number one the lower obligations so declare number two time is the controlling motive for the establishment obligation three demand would be useless but that elements are reciprocal obligation delay occurs from the moment one party fulfills system they're taking well the other does not comply or is not ready don't like in a proper manner with what is incumbent upon him and the exemption is if there will be stipulated dates for the performance of respective obligations okay so let's get on with the example so when I will not in on unilateral obligations so delay yesterday problem so Row one promises for promised to give his dog named Ben to Alan to be delivered on September 15 2020 okay so let's analyze the situation so general rule no demand no delay so personalities okay suppose on September 15 2020 Island did not demand the delivery of the dog and Row 1 did not deliver the dog until September 16 so in this first scenario annum Marin Bank delayed eaten and I encourage a row one okay so the answer is there's no delay okay Row 1 is not yet in delay why because Alan did not yet demand or did not demand the delivery of the dog on September 15 which is supposedly the date from Kalyan he delivered about Nero 1 so next situation suppose on September 15 2020 our land demanded the delivery of the dog and Row 1 didn't deliver the dog until September 16 so in this case that he'll not be Manziel and on September 15 debate ad Lavinia noon September 15 so in this case Row 1 is in delay okay so when along two are simply on ok put ramen time some different exceptions under the unilateral delegations so when the obligation or the law expressly so declares so suppose Row 1 and Alan agreed that Alan doesn't need to make the man for Row 1 to incur delay on September 15 2020 okay so this is when the obligation so provides so if exhibition don't belong combatants a Pinilla hindi neena alarm of demand on the island in order for one to incur delay so meaning you know hindi mugdha apply you general rule gotten which is no demand no delay another example so payment of taxes so low loss so provides so in this case Hindi clang and for example indicate London most demanding be iron all the time para by aren when a new taxes jumo or certain dates okay so it's a poor young exemption okay so next time is the controlling motive for the establishment of obligation so for example so posts been or the dog is Italian the dog and no one obliged himself to deliver been to Alan to perform in Alan's birthday party on September 15 2020 in this case the time which is September 15 2020 is the controlling motive by the obligation to deliver the dog is was established okay so there's no point in delivery the dog be on September 15 2020 because the main reason why the dog will be delivered to Allen is because the dog will perform in his birthday so in this case the time is the controlling motive why the obligation to to deliver the dog was established in the first place okay so next the man would be useless so suppose men died because of the negligence of Row 1 so before September 15 20 25 been died let's say that he'll ending up in Accra in the sample Mohammed I see been so that will be associated with the negligence of Row 1 so in this case for example the matting on September 15 Hindi Nepali man assuming in the alumni Island animate a you are so so nothing on September 15 indicia and a hepatic man okay although initiative about the man okay dial in possibly a man demanded a bonafide phone on December 15 Delphi now I am also so it is still considered that Row 1 is in delay even though that even though Island did not demand the delivery of the set dog on September 15 okay so I add you'd put illustration at the end with results to unilateral deletions mantra Matassa reciprocal obligations okay so in the opponent in a peloton so this is supposed to be reciprocal reciprocal obligations so Adam sold this only car to buy heroine for 150,000 pesos so there was no agreement regarding the time of delivery and the time of payment so next is our analysis so yeah the general rule when one party fulfills its obligations delay on the other starts okay so analysis suppose Byron paid 150,000 the following day so so Adam must deliver the car immediately after receiving the payment same day to avoid incurring delay that kinda bug international delay okay Donald in sabila suppose Adam delivered a card of holiday Byron must pay the 150,000 the same day to avoid incurring delay szubin inform rule when it comes to what they call this reciprocal obligations so so a sham prank exemption it is when there is stipulated time come calendula I perform your respective obligations villa so in this case I have Alan stipulated time so from the time control + T no Phil no Sibylla Kayla I'm honoring it will feel Cal gadna okay so unless McCarran go down further agreement now the Natonal and homophobia cetera okay so next next topic so we have 4 3 2 7 so what is 4 to 8 to 7 so in order for fortuitous event or a super bill to to exist these are the following requisites so number 1 the cost of the bridge is independent of the theaters field so meaning the Pusha control Otto now therefore you come back occurrence Nia I began hindi po control O'Donnell date or Yuna Koreans no mismo event Megan so second when is unforeseeable or unavoidable so if it's unforeseeable so for example lightning so big long way to Milan kidlat can bring democracy on okay at Champlain although muffin for see more let's say Mallika's Olin top who skipped London keep that although partner Adam the man guna my dieting the kidnap arrow right now feeling more Madera technically Menominee avoid actually okay so events that are unforeseeable or an avoidable error one of the requisites opportunities event so number three the event is such a story ender it impossible for the debtor to fulfill his obligation in - so I will have an example for this later on so what's gonna be nothing impossible to say for example no math I are so specific dog go through by being struck by a lightning so in the morning my we deliver jung dongha like chambray number for the debtor did not take part in causing the injury to the creditor so aside from natural occurrences such as lightning such as natural disasters such as like poo typhoon earthquakes etc whether Incas imaging couldn't see considered as 42 7 human actions made by man such as armed robbery okay so new number four so that but see theater mismo hindi siya Kazama dunes armed robbery bhajana mangas a somewhat name for example naina Concha before let's say delivering a specific thing okay to the credit for so let's say another how and Cha okay through armed robbery and I read it so you can somewhat see their tour de Longueville para una Waring extinguishing canoeing obligation because I'm watcher in deeper in my extinguish okay so that but the debtor did not take part in causing the injury to the creditor so I am general rule no one shall be liable for participant so there are certain exemptions pero the lower is stipulation expressly so declare number two the nature of the obligation requires the assumptions of briefs number three obligation is and is added an obligation to give a specific thing and number four data is already in delay so let's illustrate those following okay so okay so illustrative case monitor with regards to the per treatise even itself okay so my bound himself to give megami a specific teaching life on December 31 2020 while on his way to deliver the knife he was robbed by a group of armed men there was nothing he could do so so in this case so much obligation to deliver a specific knife to make me will be extinguish why because the what they call is the the specific thing was lost through a 42 second so the event were in nanaka one shot by armed men is chambray unforeseen she can play every nominee so man a man a longshot at the same time let's assume in this case now India hisab wat u-mong are our man okay so in that case ma to consider not in this case a support with us again so therefore somos obligation will be extinguished or extinguish or lalana okay so what are the exemptions by the way so number one the law or stipulation expressly so declare so in this case number one there are certain cases where in Vietnam arrow fortuitous event my liability per incident or for example a possessor in bad fish a lot shall be liable for deterioration or loss in every case even it caused by a participant so for example the Bema examples now no possession in bad feet so for example Napa Maiden Akiyama donaka so in economy some bad guy okay while it's in his possession so in bad feature okay so possession in bad faith who I am possessor in bad picture and let's say young specific thing I own I develop through a fortuitous event so let's say big lung boom on your big am not telling do tapas novel I am bagging a bassoon Agha so ammonia is muggy liable for in shock okay what's his liability and prey a pelican body even finding you know Ebola casino Elana via fortuitous event champ ray Bob a Iranian value of the thing but no volunteers over there will be an reparation and he will also be criminally prosecuted so in that case car hidden costs non-pom koala no specific now receiving a bargain even fortuitous event payin no giggling liable per inch ah okay so that is true in the following cases then the baleen commode Adam so commode on by the way is Kagome I'm Karen badly so put my pin here I'm CEO at now allied to kinda fault no payin or Hindi come become a geeky liable couple and so let's say in here I'm gonna be gunmen on let's say laptop so car hit and logging cost bunion I fortuitous event or fault more looking in liable copper in okay so again there are certain instances long way more certain instances among Gatito Hindi no Malhotra instances so senior Makita you master then it senses never put the right side because 1942 okay okay so the officious manager in the showroom yes your shall be liable for any 4217 certain instances so for example you know let me tell hot down requisites non lingo show us your so geeked out for example the carpet bhai I volunteer voluntarily takes charge of the house of your carpet behind okay pero array instead of develop or mop identify or whatsoever but I mean Damian is a Shopaholic so weathered that you know Cassie random body an eye on or anything any part of the house I do to your fault or do 247 it doesn't matter you will still be liable in certain instances only in certain instances so we might assert certain instances non-indians Lily study toda hell made you O'Mara Miramichi Lazo you see on Nikita Cunha is article 21:47 okay so next so by the way these are a no-win the law expressly so declare okay pero kailangan AMA tellin the man if the stipulation expressly so declare so Papa goes happened miss Oh miss Musa contract naka hit for example don'ts a contract no my provision Don were in car hit 42 7 pada you noggin costs none loss and something is making a liable parens oh oh that will be an exemption okay to the general rules very and no one will shall be liable for for due to severe so next exemption so nature of the obligations requires the assumption of breeze okay so best example is Humana insurance contracts nothing so let's say fire insurance okay specifically fire insurance is some building so some be nothing I know using again constant on fire I throw a fortuitous event so money liable per inch every insurance company that I didn't even know I Union trabajan lembaga you tell attorney it requires the assumption of this so in this case in diamond apply um general rule not every no one shall be liable for the whatever this for D no no one shall be liable in case of for Drita's a pencil so next obligation is other than obligation to give a specific thing so in here so for example obligation to give a generic thing so if everything of all our money on some bug in a own supposedly me deliver supposedly um but Baba eternal para so money is considered a generic thing so Papa by dan-o para of course let's say in the na KO un para noon in da extinguish an obligation mo da hell and paradise on generic generic thing okay so you know me have it on pretty common among people on compile down other even para okay Perik about the specific think I say hiccup I didn't deliver none other I think as a human specific thing they are new new Nepal's happen ooh-la-la I deliver or oblige Haley it delivers who see that or that or is already in delay so let's take for example young that in example nothing subtly so ro1 promise to give his dog named Ben Thailand to be delivered on September 15 2020 so suppose Row 1 did not deliver the dog on September 15 Ian Allen demanded it in this case Row 1 increased delay okay okay so so 0 1 in delay measure officially so when Row one decides to deliver the dog on September 16 but before we reach Allen's house the dog was struck by lightning and immediately killed killed killed it on the spot although you looking reason for the loss of the dog is a fortuitous event in Dena Pumas are playing general rule not n which is no one shall be liable for 3270 which effectively extinguishes suppose it will supposedly extinguish or one's obligation repair in this case in Depot in Depot may extinguish on fine your obligation bucket casts a he already incurred delay okay so next so next part we have damages so we have damages so these are the six types of damages under the Civil Code so we have opted well convinced or a compensatory damages moral nominate temperate or moderate exemplary or corrective and lastly the liquidated damages so among this pipe or I'm among the six that types of damages only the are color-coded satori damages needs proof of pecuniary loss so when we say pecuniary loss this is loss in terms of money a monetary amount or monetary value so there is a need for proof of loss tallada so kumoi l'homme pocket and proof handicap wedding maha pal or Hindi pay Endicott wedding award on naturally none court nothing about nothing actual or compensatory damages pero me my other options kappa so you two to six okay don't Manila Alana and an proof okay Canaries or so it is MA Freddy Moomba McLean or petting you were saying onward in case of the canary loss okay so oh I hadn't put the Cayuse d'Italia number different that big-ass snake torso number one for up twelve or compensatory damages so if qu not on Daniel ito lament hanging pipe none damages were in kala manatee not about nothing proof of the canary loss so in this case can say for example some copyright infringement cases mutually um para mcgrann or migrants important after all compensatory damages students deterrence a plaintiff is usually tell Evan elegant apparel nothing proof of pecuniary loss so for examples a copyright infringement is no island of Ceylon and sales due to copyright infringement now let's say some small business okay so I'm gonna read on is Kayla and Alana petunia now Daniel Adams are copyright infringement indeed no one no one who is the current still id' nothing about nothing lost sales so um lost a to stay on Kayla vanilla improve Naboo maja colada you sylvilla okay so gonna patent on my Odin Roger grant um court no fear at all nothing alcohol or a compensatory diabetes so to read more about actual or a compensatory damages predicament starts the article two one nine nine none save the code okay so next time and we have moral damages so under moral damages jennife volume of physical suffering fright serious anxiety other than that man gently new manga let's see how they talk on a raid Napa hiyata so as I so under in UNR physical suffering most commonly molybdenum oxygen Terrell and Aleya physicals up delicious let's say up Waldow of a pair of collie physical suffering for example Knox identica so let's take a slum so champagne welcome Ellen Paramore our second ago Papa spittle pero puede coppering McClain Odin a problematic moral damages okay so aside from the physical injuries you suffered you will also although you can also claim moral them yes do - I know you're home burger shop or not Roma Hana for example even for negligent new driver dawn so until dawn now you can on to meeting in cicadas are left and right so the Cochran can around let's say on side is your society okay so I am so to read more about moral damages you can start sir article 2 - 1 7 under the Civil Code so number 3 a mile nominee so take note are you two to six nothing in the bucola and eternal proof of baking area damages or proof of picking re loss I didn't away so number three nominate okay so nominate damages or damages all this granted to the plaintiff in order to vindicate or recognize this right so I'm tanging to 11 Milan Wahpeton I&D tow I Mariner bound Alabang right mo sono Camaro man okay so nominee damages your car hit our locking Lincoln damage or injury due to that let's say let's say violation and right now I own kite well I'm gonna recycle diggin up a fight totally voila from the not a violation right mo 20 comma claim long that little glass in damages or predict a grant say eight or nine court okay so you knew nómine dómini espero in terms of monetary value usually it will you mean accommodate the hilina simply lang naman patent ient okay Lana button I and if merimna violating right merimna by Layton right okay so number four temperate or moderate damages okay so in for my mama certain instances Cocina we are sure that there is a pecuniary loss but we cannot prove with certainty the amount ok the amount of that certain that means yes so usually seek word nirgrantha longshot which is usually lower than actual or compensatory damages but higher than the amount granted in nominal that we but no Manito so no me no me no nominal damages away so calmly buffoon or racist no me neither okay so we spell it as no me you start to avoid confusion tayo okay so nominal dog yes no Carmelita gets a partner yeah okay okay so okay so moving forward so you know I'm temperate or moderate damages usually in terms of you know God none court mathematician or Melissa nominal damages pero mass Mabus as usual actual or compensatory damages so to read more about non temperate or moderate damage so much Theresa article 22 24 okay so number five exemplary or corrective damages so usually imposed to set an example for the public good so mum stretches article two two two nine so for example usually very common little when it comes to human criminal make criminal cases for you suppose not knock out or put my thigh or non rape or whatsoever so usually my typical exemplary or corrective damages in order gilad rahkshi ammonia is hindi na Jie Nani BA okay okay so exemplary or corrective damages so lastly liquidated damages so these are damages agreed upon by parties to a contract so usually these are predetermined double yes so for example say some contrato say it's an encounter of loan if ever Dow hindi na kapag biood for let's say two months three months wonderin or depending on what's happened na Quran cannot in about nothing penalty so that is a type of liquidated damages okay so these are damages predetermined before happen okay so we knew more different types of damages punitive okay so now let's go to presumptions okay so what are presumptions a rule of law which permits a court to assume a fact is true until such time as there is a profit preponderance okay of evidence which this proves are outweighed the presumption so this is the definition sorts problem dictionary.com so there are actually two kinds of presumptions we have conclusive assumptions these are perceptions that cannot be rebutted by additional evidence around the argument second type is the disputable presumptions this can be rebutted by additional evidence or argument so to read to read the examples of conclusive presumptions you may search rules of court rule 1 3 1 section 2 so my single oxygen or Nahal adage and among examples no conclusive presumptions pero Indian you know kombucha hindi leung kwan-yuen in the castle again hindi lang union Hatlen conclusive perception as well as soon not it was a disputable consumption well-known Ursula de tousser rules of court rules what 3 1 section 3 Hindi long and hot now disputable perceptions punative Appa ok pero we will not focus on the examples of this one day we will focus on the provision under the current chapter or a car in an otherwise the deers or deletions mantra so we have two disputable presumption subtly so number one okay so we will focus on the disputable presumptions under the okay under our current scope or coverage which is snickering effects of obligations so we have two disputable assumptions namely num number one and number two nakatsu Laquisha deeper so number one is the receipt of principle by the death or without reservation with respect to the interest shall give rise to the presumption that said interest has been paid so about every developer by entire at Benaiah nabiyya allah it's the principal obligation there is a presumption appetit own interest nobody an idea okay unless it will be disputed by other facts or evidence okay so neat oh Allah when you open an MA let's see mama buns or interest bearing notes so every time de marrón payment it will first be applied to interests and chambray or residual Malaysia's principle is okay so therefore died has not an unusual practice so there is a presumption upon by uranium principle now by our enduring interests does chambray bagua by NC principle I you know anima Moonen by Aronson interests okay so done dangling and basically okay so next presumption is the receipt of latter installment of a debt without reservation as to the prior installments shall likewise erase the presumption that such instalments has been failed okay so Carlton by R&C let's say second installment third installment so there is a presumption and a buyer an original first installment now here without reservation to prior installments for sale hey so pair or chambray debatable you early speedily good so meaning couples Makka pakka Paquita had an evidence now Hindi portion of Baba on first installment so so I am Hindi Murray but human-specific presumption again okay pero this type of presumptions are not available for example is a number to you Galata install many this presumption is not available when we are paying access so for example we paid our we paid our tax on 2019 so if we paid our tax on 2019 it doesn't mean that we already paid our taxes way back with 18 2017 etc so there is no such presumption okay okay I don't like even that so hey so such as number two okay so take okay technolon you died in my experience as a teacher but the last normal abortions exams or quizzes okay lasts okay last but not the least young topic with regards to transmissibility of Rights okay so personable adding transmissibility so we refer to the ability of certain rights to be transferred from one person to other so general rule all the rights acquired in virtual occasions are transmissible or trans trans parable so these are these exemptions so number one exempted by law so the right to vote during elections is exempted by law so he people plating he told it operating the transfer um right no parable model during elections number two naman exempted by stipulation so for example the karisye vacanam scholarship however the provision of the scholarship is that commodity : petty Mahakala non-endemic i think it runs pretty insane so i it is exempt therefore by stipulation and lastly not transmissible okay by the very nature of the obligation hope or by the very nature of the right so for example your right to attend your own wedding ceremony so by nature in the mark wedding be cooperating proxy for example ecoegg room okay ah give me a big and home video mocking proxy so echo but I'm gonna do some more you may kiss the bride so you carry along a jalapeno sour more advice vertebra him there hey so these are the exemptions to the general rule so the whole it not in general rule all the rights are transmissible however there are certain exemptions so we have three listed down here okay so determinant octopus and adding nature and effects and obligation so a young and up okay so part two so before anything else I would like to invite you to sign up on the link below so Alabama hook one you doing so maritime up in repairing the questions in the pueden usar gotten a try the new Matisse if may not told another episode in my videos is best specifically such Apter to which is nature and the effects of obligation so welcome on the lights free ok free for everybody so I am you can sign up anytime you like so just check the link in the description ok so also don't forget to subscribe okay it will Barry we will be very happy every time you I know you're mocking it anime my subscribers so I am there other than that chambray para much mobility alerts upcoming upload cinnamon so I am okay and also don't forget to like the video if you liked the video okay so para pagar comments and suggestions kayo so what are you may hear about comment down below let's see mama come by Malabar lobby I will know by your way none disgust chorus again a compliment I I like that okay so again so don't forget to like the video it helps okay so it helps us push our video through the YouTube algorithm so Monument Valley on so I an okay so coming up next we will be having the different kinds of obligations so I am