Page 8 - Obligations & Contracts Module 1-2

Sources Of Obligation:

5. QUASI-DELICT/TORTS ( OBLIGATION EX QUASI-DELICTO or EX QUASI

MALEFICIO )

- It is a fault or act of negligence ( or omission of care ) which causes damage to

another, there being no pre-existing contractual relations between the parties.

Elements of Quasi-Delict/Torts:

a) There must be fault or negligence attributable to the person charged

b) There must be damage or injury

c) There must be a direct relation of cause and effect between the fault or

negligence on one hand and the damage or injury on the other hand-

(proximate cause )

Effects of Obligation:

1. Obligation to give - obligation to deliver the thing agreed upon.

2. Obligation to do/not to do - obligation to do/not to do the service agreed upon.