Page 12 - Obligations & Contracts Module 1-2

IRREGULARITY OF PERFORMANCE/BREACH

A. Causes Attributable to Debtor:

1. Contravention of tenor

2. Delay/ Mora - Non performance with respect to time

Mora solvendi – default on the part of the debtor; 2 kinds:

(1) Mora Solvendi Ex re – default in real obligations

(2) Mora Solvendi Ex persona – default in personal obligations

Elements of Breach:

(1) The obligation must be due, enforceable and already

liquidated or determinate in amount

(2) There must be non-performance

(3) There must be a demand, unless demand is not required

When demand is not necessary:

(1) When law declares

(2) When obligation expressly declares

(3) When designation of time of delivery or rendering the service was a controlling motive

(4) When demand would be useless as when debtor has rendered it beyond his powers to perform