ERICCA P.

SALDITOS August 1, 2019

The Law on Obligations and Contracts

(1) Distinguish FRAUD from NEGLGENCE.

In fraud, there is deliberate or intentionally act of avoiding causing damage or injury.
Fraud must be clearly proven, and the waiver of the liability for future fraud is void or having
no legal force or effect. Lastly, the liability for fraud cannot be mitigated or reduced by the courts. While
in negligence, there is no intention and no bad faith or malice. Negligence is presumed from the
violation of contractual obligation and it is different to fraud, because the waiver of the liability for
future negligence is allowed, in a certain sense. Lastly, the liability for negligence may be reduced
according to the circumstances.

(2) Japan Airlines cancelled all its flights to Manila due to Mt. Pinatubo eruption and
NAIA’s indefinite closure. The passengers where then forced to pay for their accommodation and
meal expenses from their personal funds. Thus, they filed an action for damages against JAL. Can JAL
avoid liability by invoking that delays were caused by fortuitous event?
Yes, it is not a mistake of Japan Airlines why all its flights to Manila is suspended, because of
the eruption of Mt. Pinatubo and NAIA’s indefinite closure. The obligation of Japan Airlines is to convoy
passengers to Manila but because of the eruption, all flights are cancelled, and the obligation was
extinguished. Japan Airlines is not responsible for the damages of the passengers, it is because of
fortuitous event, why the flights are delayed.

(3) Is there a difference between a fortuitous event and force majeure? Explain.
Yes, because the term “force majeure” is applicable only to those events that are totally
independent will of every human being. While the fortuitous event is the general term that is applicable
to those events that are independent of the will of the obligor but not of other human wills. Also,
fortuitous event is an event which either impossible to foresee or impossible to avoid.

(4) BONUS. If you can have a superpower, what would it be and why?
Time control, so I can go back to past to correct all of my mistakes moreover, I can also
go to future for me to check the consequences of my actions or what will I be when time goes
by, I know that my timeline can change but if it’s for the for the better I will do it.