Ordinary Delay vs. Legal Delay (Article 1169, Civil Code, Nature and Effect of Obligations)

MBL Classroom
11 Aug 202110:50

Summary

TLDRIn this video, attorney Marty Chris Batan Lasko explains the key differences between ordinary and legal delay in civil law. Ordinary delay refers to non-performance after the agreed time, while legal delay involves non-performance after a demand has been made. The video clarifies how legal delay can lead to liability for damages, even in cases where loss is caused by fortuitous events. Using real-world examples, the video highlights how a demand triggers legal consequences, ensuring viewers understand when and why delays result in legal liability for damages.

Takeaways

  • πŸ˜€ Ordinary delay occurs when there is a non-performance of an obligation after the agreed time has passed.
  • πŸ˜€ Legal delay happens when there is non-performance of an obligation after the agreed time, but a demand has already been made for fulfillment.
  • πŸ˜€ The principle in law states that if there is no demand, there is no delay. This applies to both ordinary and legal delay.
  • πŸ˜€ A key difference between ordinary and legal delay is the liability for damages. Legal delay leads to liability for damages, while ordinary delay does not.
  • πŸ˜€ For a delay to be considered legal, there must be a prior demand made by the party expecting performance.
  • πŸ˜€ If there is no demand made even after the agreed time, the party responsible for the delay cannot be held liable for damages.
  • πŸ˜€ In the case of loss due to a fortuitous event, the party is not liable if the loss occurred before a demand was made.
  • πŸ˜€ However, if a demand was made and the object of the contract is lost due to a fortuitous event after the demand, the responsible party is still liable for damages.
  • πŸ˜€ An example of ordinary delay is when a promised car is wrecked due to a typhoon before any demand was made. In this case, no liability is incurred.
  • πŸ˜€ In contrast, in legal delay, if a car promised to be delivered is destroyed due to a fortuitous event (e.g., typhoon) after a demand has been made, the responsible party is liable for damages.
  • πŸ˜€ The video emphasizes the importance of understanding the difference between ordinary and legal delay for both legal professionals and non-lawyers to ensure accurate expectations and responsibilities.

Q & A

  • What is the primary aim of the YouTube channel mentioned in the video?

    -The primary aim of the YouTube channel is to simplify the law by explaining legal concepts and principles in under 10 minutes.

  • What are the two types of delay discussed in the video?

    -The two types of delay discussed are ordinary delay and legal delay.

  • What is the principle in law that relates to delay, as mentioned in the video?

    -The principle is 'if there is no demand, then there is no delay.'

  • What is ordinary delay?

    -Ordinary delay is the non-performance of an obligation after the agreed time has passed, without any demand being made.

  • What differentiates legal delay from ordinary delay?

    -Legal delay occurs when there is a lapse of the agreed time and no performance of the obligation, but there has already been a demand made for the performance of the obligation.

  • Why is it important to determine whether a delay is ordinary or legal?

    -It is important because legal delay can lead to liability for damages, whereas ordinary delay may not result in such liability.

  • In the example of Maria and Marjorie, when would Marjorie be liable for damages?

    -Marjorie would be liable for damages if Maria made a demand for the car after the agreed delivery date and Marjorie still failed to deliver the car.

  • What happens if Maria did not make a demand before September 20, 2021?

    -If Maria did not make a demand, Marjorie cannot be held liable for damages because there is no legal delay.

  • What is the impact of a fortuitous event (like a typhoon) on the liability for damages in case of delay?

    -If the fortuitous event occurs before a demand is made, the obliger is not liable. However, if the event occurs after a demand, the obliger is still liable for damages.

  • In the case where a car was promised to be delivered but was wrecked due to a typhoon after a demand, is the obliger liable for damages?

    -Yes, the obliger is still liable for damages because the loss occurred after the demand was made, even though it was due to a fortuitous event.

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Related Tags
Civil LawLegal DelayOrdinary DelayLiabilityDamagesFortuitous EventsContract LawLegal ConceptsLaw ExplainedNon-Law Students