so now we can move to the topic of bridge and what is bridge it is simply failure without legal reason okay to comply with the performance of the obligation okay now what is the general remedy for bridge in general damages are the remedy for bridge and as I explained in my previous video damages are different from damage damage without the S is simply the physical injury or harm which is suffered well damages are the monetary or pecuniary compensation for the harm or injury which was suffered okay again to be clear damages para okay okay and damage Union ceará okay okay now the rule on damages is the purpose of damages why they are awarded is to place the innocent party in the same position not better in the same position he would have been had the obligation been performed according to its terms okay damages does not seek to place the innocent party in a better position only to restore him to his position had the obligation been performed according to its terms okay so the law provides that damages are available in case of breach when it is attended either by default fraud negligence or contravention of the tenor of the obligation okay just remember those the FNC now we can first talk about the fault okay the fault is otherwise known as delay okay but the proper term is default why because delay can simply mean failure to perform an obligation on time and that is just ordinary delay okay whereas legal delay or default constitutes Bridge of Allah obligation okay in other words in order for there to be default first there must be a obligation which is the mandible or liquidated psyche when there is a failure to perform at the prescribed time third there is a demand of a derisive demand by the creditor for performance and after the demand there is failure to perform the obligation demand is the general rule essentially okay it is necessary to constitute the debtor in the fall without such demand there can be no default paper that is merely the general rule okay first let's talk about unilateral obligations meaning only one party to the obligation has the duty to perform okay in case of unilateral obligation if there is no demand and there is no default or delay okay except if the parties have stipulated if the law so provides if time is of the essence of the obligation or if demand would be useless okay and in case of reciprocal obligations which require simultaneous performance by the parties meaning when one party gives something that order performs this obligation the other party must also perform his obligation those are reciprocal obligations okay there is default in a reciprocal obligations when one party is ready to comply with his part and the other is not then delay begins okay delay on the party who is not able to perform this obligation begins okay however there is an exception in case of reciprocal obligations what if different dates for performance are imposed upon each party like let's say this party is supposed to perform it on August 15 and this party on November 10 okay the fault will only happen after the dates have expired okay okay now let's go to the kinds of default first we have Mora solve nd okay Morris well Wendy simply refers to the leg or default on the part of the death or okay this does not apply in obligations not to do okay there can be no default in negative personal obligations okay so this involves the positive apps either to do or to give okay now I said this is a default on the part of the death or so what are the effects once we know that the debtor is in default how does the debtor becoming default again there must be in demand on the part of the creditor and the debtor fails to hit the demand the waiver fails to perform after the demand okay so what are the effects of Morris Alvin D or delay of the debtor first of course the debtor will now be guilty of having breach of obligation second the debtor will now be liable for interest and all damages content from the date of default so after the demand click next the debtor is liable in case the thing is lost or destroyed due to a fortuitous event okay because the debtor should have performed this obligation on time but since he did not then nothing was lost he is held liable even if the thing is lost due to a fortuitous event okay however that applies only in case of a determinate thing why it does not apply in case of a generic thing because in case a generic thing is lost even due to be fortuitous event the obligation is not extinguished why because Jay knows none compared with Janos never perishes the debtor can always get the same thing of the same kind and same quality to performance obligation if you remember my example if the obligation was to deliver a white Westinghouse refrigerator without specifying the motor number etc then you can just get an other white Westinghouse refrigerator the rule is different if the thing that was lost is determinant with motor number in that case if the debtor is in delay then he will be liable for the loss of the thing okay now I mentioned earlier that demand may not be necessary in order to constitute that debtor in default and when when is the mad not necessary for the debtor to be in default okay the law gives us certain instances know first of which is when the party so stipulate an example is when the obligation is entered into with the words without need of prior demand okay pay me five thousand pesos on within thirty days without need of prior demand okay next is when the law itself requires a time for a performance such as the payment of taxes no the law itself gives us the date on when or now when we should pay our taxes so demand is not necessary to render your adapter liable to pay for non-payment of taxes next when time is of the essence know when the obligation was entered into stipulating that I need this by a certain date okay such as I need a wedding dress for my wedding on May 15 in that case time is of the essence and demand is no longer required okay next when demand would be useless such as cases when the debtor has rendered it beyond his ability to perform such as when he outright refuses no demand is useless because the debtor is already said no I don't want to comply no or when the thing is lost not the debtor cannot be demanded ceaseless because you cannot demand delivery of a thing which has been lost already okay and finally in demand is not necessary in case of reciprocal obligations which involve simultaneous performance no okay because part default will only begin in that case when one party performs his part and the other has not yet performed this part okay the party in default there is the one who has not yet performed his part of the obligation okay we go to the second kind which is Mora oxy P and E which is delay on the part of the creditor to accept delivery okay or accept performance of the obligation okay so in order for there to be more except nd first of course there must be an offer by the part by the debtor to perform the obligation or prestation exactly as was talked about or agreed upon okay second the creditor must have refused performance without just cause No okay so what is the remedy here of the death or he can simply consign the thing in court okay if you want to learn more about tender and conciliation as a special mode of payment please just watch it in my video on extinguishment of obligations on special forms of payment okay finally if the last kind of default or delay would be the compensation Moray okay or its delay on part of both of the parties okay so what I'd effect the effects now first the delay of each party is now cancelled not well delay cancel is cancel each other out second there is no actionable default because of course the delay of one party cancels out the delay of the other party next the liability of the first in fraktur meaning the first one who caused the delay shall be equally tempered meaning it may be reduced by the courts okay male name may be reduced by the courts but if we cannot determine who was the first to violate or first to be in default or delay then the contract shall be extinguished and each party shall bear their own damages okay finally when do the effects of the Lacy's okay this they will cease if the credit or the nonsense is right or if the obligation has already prescribed okay so that's it for default now we can move on to fraud okay now fraud is liability for fraud rather is the mandible in all kinds of obligations okay and there are two kinds of fraud we have the local Sante or coastal fraud and we have the dollar incident which is the incidental fraud okay when we talk about obligations here know the fraud that we will be focusing on and which gives rise to a claim for damages is the incidental fraud dholu incident a why because when we talk about causal fraud or Dolapo Santi that is fraud for the inducement to enter into a contract no it is present at the perfection of the contract it is the reason why party enters into the obligation okay and because of that it is advice of consent and renders the contract voidable and the remedy here is annulment okay so this is not what we're talking about here if you want to learn more about parcel fraud and it's used as a ground to vitiate consent and an Alejandra please just refer to my video on voidable contracts okay but for our purposes in breach nor for a liability for damages we talked about dolo incident pay or incidental fraud and what is incidental fraud it is not conscious and willful evasion of the normal fulfillment of a nobley okay so it goes into performance in other words the contract is already perfected the consent of the party to enter into the obligation was not affected by any fraudulent words okay the fraud happens in the performance okay and since the fraud happens in the performance the obligation is necessarily valid and the remedy here for breach due to fraud is simply an action for damages okay now what's an example we'll take a look at this difference this is also my example in the other video no but for class sake of clarity let me just give the example again let's say part X offers a condo unit for sale 2y and says that you should buy this because it is close to MIT if Y or this person agrees to buy that condo unit because of the transportation then that is Dolokhov Shantay that's the reason why they entered into the contract and the contract is voidable and therefore may be annulled because the consent of this person is vitiated ed okay so that's not the topic which we are talking about today what we are talking talking about is if this person offered the condo for sale and he said that it was the unit was near public transportation but this person still bought the unit because of different considerations they like how it looks they like the amenities like that and they don't care about the public transportation if it so happens that the unit is not close to public transportation then the only remedy of the buyer in this case is an action for damages based on breach okay it's not a grant to annul the contract or obligation why because the obligation is valid and the only remedy is an action for damages now one more important thing about fraud okay and an action for future fraud cannot be waived and in case it is waived that will be void okay why because an action an action waive no sorry a waiver of an action for future fraud is void because this is contrary to public policy it encourages the perpetration of fraud in other words the depper can go to fraudulent acts as much see once because he knows that even if he commits fraud he will not be held liable No so that's why a waiver of an action for future fraud is void however okay waiver of an action for past fraud is valid why because it is simply an act of generosity okay the party who is waiving the action for past fraud is simply saying what you did before none that you fooled me okay it's okay with me I got one I don't care about it anymore okay so that party is merely waiving his right to claim indemnity for the fraud committed upon him okay so finally we we can now move to negligence okay and what is negligence negligence is the mandible in all obligation similar to fraud okay in case negligence is present and what is the definition of negligence the negligence consists in the omission or failure not to observe the diligence required by the nature of the obligation okay it corresponds to the circumstances of the person time and place okay or in other words no this is failure to observe for the protection of the interests of another person that degree of care precaution or vigilance which the circumstances justly demand okay whereby the other person suffers injury as soil okay or in a word used by my student in Tagalog it is merely kapa by Adi okay you fail to observe the required degree of diligence in performing your abs or vomit or in case of omission okay now again I said negligence is the mandible in all obligations and the remedy if you remember is damages okay now the law gives the court the discretion to fix or regulate the amount of damages were awarded to the injured party and again the purpose of damages is to simply place the innocent party or the injured party back to the position where he would have been had the obligation being performed exactly according to its terms okay now in the definition of negligence I mention it's the failure to observe the required diligence no and what is the required diligence again as I mentioned earlier we follow first stipulation of the parties okay in case they stipulated on a certain degree of diligence second we follow what the law prescribes okay the law sometimes prescribes extraordinary diligence it may be only ordinary diligence okay and finally in the absence of both we follow the ordinary diligence or the diligence of a good father of a family okay now we have three kinds of negligence will pop and rock 12 full pakalana and called pop criminal okay quick acqua Liana and culpa criminal are both directly the source of the obligation okay and in case of ikana these are acts which caused damage to another post by fault or negligence of the debtor no and that negligent act which process damage there is the source of the obligation to pay damages okay provided the results approximate costs or approximate relation between the negligent and the damage caused by criminal on the other hand is negligence in performance of an up or failure to perform an act which results in a criminal offence okay in which case the obligation to pay damages will arise from that negligent act or omission culpa contract while on the other hand okay here negligence is merely incidental because there is a pre-existing contract was reading shown okay so the parties had entered into a contract in the performance of negligence attends same performance in the case damages may be claimed by the injured party okay and the final grant for damages in case of breach would be contravention of the tender of the obligation which simply refers to any illicit act toward effective performance in the fulfilment of an obligation okay so damages will be claimed in this case