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

Summary

In 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

• 😀 Ordinary delay occurs when there is a non-performance of an obligation after the agreed time has passed.
• 😀 Legal delay happens when there is non-performance of an obligation after the agreed time, but a demand has already been made for fulfillment.
• 😀 The principle in law states that if there is no demand, there is no delay. This applies to both ordinary and legal delay.
• 😀 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.
• 😀 For a delay to be considered legal, there must be a prior demand made by the party expecting performance.
• 😀 If there is no demand made even after the agreed time, the party responsible for the delay cannot be held liable for damages.
• 😀 In the case of loss due to a fortuitous event, the party is not liable if the loss occurred before a demand was made.
• 😀 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.
• 😀 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.
• 😀 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.
• 😀 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.