Professional Documents
Culture Documents
Delay, Fraud, Negligence & Contravention of
Delay, Fraud, Negligence & Contravention of
CONTRAVENTION OF TENOR
and corresponds
with the
circumstances of
the persons, of
the time and of
the place.
DILIGENCE IN THE
PERFORMANCE OF OBLIGATIONS
When the law or contract does There are some cases, as when
not require otherwise, the law or contract provides, that
diligence required in the more than ordinary diligence is
performance of obligations is required. Extraordinary
that of a good father of a diligence relates to that
family or in Latin, extreme measure of care and
diligentissimi patris caution which persons of unusual
familias This is ordinary prudence and circumspection
diligence. It is that kind of observe for securing and
diligence that is expected of a preserving their own property or
person in charge of his own rights. [National Trucking and
family that he handles all their Forwarding Corporation v.
affairs with care and prudence. Lorenzo Shipping Corporation,
491 Phil. 151, 156 (2005)]
The Concept of Fortuitous Event
Art. 1174. Except in cases expressly specified by the law, or when it is otherwise
declared by stipulation, or when the nature of the obligation requires the
assumption of risk, no person shall be responsible for those events which could not
be foreseen, or which, though foreseen, were inevitable. (1105a)
CA
SO
FO
RT
REQUISITES FOR A CASO FORTUITO TO
EXEMPT OBLIGOR FROM LIABILITY