Page 14 - Obligations & Contracts Module 1-2

IRREGULARITY OF PERFORMANCE/BREACH

A. Causes Attributable to Debtor:

4. Negligence /Culpa - absence of due diligence

Elements of Culpa:

a) Omission of diligence required

*Diligence required per nature of obligation, circumstances of persons,

time and place

Fraud Distinguished from Negligence

NEGLIGENCE
FRAUD

 There is deliberate intention to cause damage.  There is no deliberate intention to cause damage.

 Liability cannot be mitigated.
 Liability may be mitigated.
 Waiver for future fraud is void.
 Waiver for future negligence may be allowed in certain cases:

a) gross negligence – can never be excused in advance; against

public policy
b) simple negligence – may be excused in certain cases