71. I. Dolo incidente is a fraud which renders the contract voidable.

II. Dolo causante is a fraud which renders a party to be liable for damages.

A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

72. I. Fraud must be established by clear and convincing evidence; mere preponderance of evidence is
not adequate.

II. Bad faith is not synonymous with fraud, in that it involves a design to mislead or deceive another.

A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

A. Fraud must be established by clear and convincing evidence; mere preponderance of evidence is not
adequate. Bad faith, on the other hand, imports a dishonest purpose of some moral obliquity and
conscious doing of a wrong, not simply bad judgment or negligence. It is synonymous with fraud, in that
it involves a design to mislead or deceive another (Solidbank Corporation/Metropolitan Bank and Trust,
G.R. No. 167346, April 2, 2007).

73. I. Negligence signifies willfulness or deliberate intent to cause damage or injury to another.
II. Negligence signifies mere want of care or diligence and not the voluntariness of act or omission.

A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

B. FRAUD (DOLO) VS. NEGLIGENCE (CULPA)

Fraud (dolo) Negligence (culpa)

Willfulness or deliberate intent to cause damage or injury to another. Mere want of care or diligence
and not the voluntariness of act or omission.

Liability cannot be mitigated by courts. Liability may be mitigated by courts.

Waiver for future fraud is void. Waiver for future negligence may be valid.

74. I. In fraud, liability cannot be mitigated by courts.

II. In negligence, liability may be mitigated by courts.

A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

C
75. I. In fraud, waiver for future fraud is void.

II. In negligence, waiver for future fraud negligence may be valid.

A. Only I is true

B. Only II is true

C. Both are true

D. Both are false

C. Kinds of Civil Negligence

Culpa Contractual

Fault or negligence of obligor by virtue of which he is unable to perform his obligation arising from a pre-
existing contract.

Culpa Aquiliana/Quasi-delict

Fault or negligence of a person whose failure to observe the required diligence to the obligation causes
damage to another.

Culpa Contractual vs. Culpa Aquiliana

Culpa Contractual Culpa Aquiliana

There is a pre-existing contractual relation. There is no pre-existing contractual relation.

The negligence of the defendant is merely an incident in the performance of an obligation. The
negligence of the defendant is substantive and independent.

The source of the liability of the defendant is the breach of contract. The source of the liability is the
defendant’s negligent act or omission itself.
The proof of the contract and of its breach is sufficient prima facie to warrant recovery. The negligence
of the defendant must be proved.

The liability of the employer is based upon the principle that the negligence of the employee is
conclusively presumed to be the negligence of the employer. The liability of the employer is based
upon the principle that the negligence of the employee is prima facie presumed to be the negligence of
the employer.

Proof of due diligence in the selection and supervision of employees is not available as a defense.
Proof of due diligence in the selection and supervision of employees is available as a defense.

76. The omission to do something which a reasonable man, guided by those considerations which
ordinarily regulate the conduct of human affairs, would do; or the doing of something which a prudent
and reasonable man would not do.

A. Breach of contract

B. Fraud

C. Negligence

D. Delay

C. The Supreme Court held that negligence is the omission to do something which a reasonable man,
guided by those considerations which ordinarily regulate the conduct of human affairs, would do; or the
doing of something which a prudent and reasonable man would not do. It is want of care required by
the circumstances (Roberto C. Sicam and Agencia de R.C. Sicam, Inc. vs Lulu V. Jorge and Cesar Jorge,
G.R. No. 159617, August 8, 2007).

77. It is want of care required by the circumstances.

A. Breach of contract

B. Negligence

C. Delay

D. Fraud
B

78. Is that conduct that naturally or reasonably creates undue risk or harm to others?

A. Negligence

B. Breach of contract

C. Fraud

D. Delay

A. Negligence, as commonly understood, is that conduct that naturally or reasonably creates undue risk
or harm to others. It may be a failure to observe that degree of care, precaution or vigilance that the
circumstances justly demand; or to do any other act that would be done by a prudent and reasonable
person, who is guided by considerations that ordinarily regulate the conduct of human affairs (Mindex
Resources Development vs. Ephraim Morillo, G.R. No. 138123, March 12, 2002).

79. Negligence is direct, substantive, and independent. This pertains to:

A. Culpa civil

B. Culpa contractual

C. Culpa aquiliana

D. Contractual negligence

C.

Culpa Contractual Culpa Aquiliana Culpa Criminal

There is always a pre-existing contractual relation. There is no pre-existing contractual relation.

Source of obligation: breach or nonfulfillment of contract. Source of obligation: defendant’s

Requires proof by preponderance of evidence. Requires proof by preponderance of evidence.

Defense of a good father of a family in the selection and supervision of employees is not a proper or
complete defense, though it may mitigate damages. Defense of a good father of a family in the
selection and supervision of employees is a proper or complete defense.Defense of a good father of a
family in the selection and supervision of employees is not a proper defense. The employee’s guilt is
automatically the employer’s guilt if the former is insolvent.

Proof of existence of a contract and breach thereof gives rise to a presumption of fault. Plaintiff has to
prove negligence of the defendant. Accused is presumed innocent until the contrary is proved.

80. This requires proof beyond reasonable doubt.

A. Culpa civil

B. Culpa contractual

C. Culpa aquiliana

D. Culpa criminal