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Breach of contract may give rise to an action for specific performance or rescission of contract. 1 It may also be the cause of action in a complaint for damages filed pursuant to Art. 1170 of the Civil Code. 2 In the specific performance and rescission of contract cases, the subject matter is incapable of pecuniary estimation, hence jurisdictio...
Jun 27, 2023 · Breach of contract occurs when one party fails to perform their obligations as outlined in the agreement. It can take various forms, including non-payment, delayed payment, failure to deliver goods or services as specified, or violating confidentiality or non-compete agreements.
Before us is a petition for review on certiorari 1 assailing the Court of Appeals’ decision 2 in CA-G.R. CV No. 95709, which stemmed from a complaint 3 filed in the Regional Trial Court of Valenzuela City, Branch 171, for collection of sum of money. The facts are as follows:
Jan 13, 2024 · The injured party has the following remedies in case of breaches of obligations: 1) Fulfillment of the obligation; 2) Rescicission of obligation; or. 3) In addition to Nos. 1 and 2, damages. (See CIVIL CODE, Paragraph 2, Article 1191) Creditors. Article 1313. Creditors are protected in cases of contracts intended to defraud them. (n) 1.
Moral damages are recoverable for breach of contract where the breach was wanton, reckless, malicious or in bad faith, oppressive or abusive. However, moral damages are improperly awarded, absent a specific finding and pronouncement from the trial court that a party acted in such manner.
Where the goods have not been delivered to the buyer, and the buyer has repudiated the contract of sale, or has manifested his inability to perform his obligations thereunder, or has committed a breach thereof, the seller may totally rescind the contract of sale by giving notice of his election so to do to the buyer.
When a breach of contract occurs in the Philippines, it is important to understand the different types of contract breaches in order to determine the appropriate course of action. A minor breach of contract is a partial breach that does not significantly impact the overall performance of the contract.
In quasi-delict, negligence is direct, substantive and independent, while in breach of contract, negligence is merely incidental to the performance of the contractual obligation; there is a pre-existing contract or obligation, In quasi-delict, the defense of "good father of a family" is a complete and proper defense insofar as parents ...
The controversy arose from a Complaint for Sum of Money and Damages filed by Swire Realty Development Corporation (petitioner) against Specialty Contracts General and Construction Services, Inc., represented by its President and General Manager Jose Javellana, Jr. (the respondents).
Jun 27, 2024 · In the Philippines, contractual obligations and the remedies for breach of contract are governed by the Civil Code. This legal framework ensures that parties in a contract fulfill their obligations and provides remedies if one party fails to comply.
