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TOURISM AND HOSPITALITY LAW

WEEK 5LAW OF OBLIGATIONS CONT.

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Freedom of Contract -Parties are free to choose the type of

contract and the subject. Limitations of Freedom of Contract 1. Contracts against law are void 2. Contracts contrary to good morals are

void. 3. Contracts against individual rights are

void. 4. Impossibility

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Form of Contract A) Written form as a means of proof The law does not require written

form but the existence may only be proved by a written contract

B) Written form as a prerequisite of validity

A) Simple Written Form B) Official or Authentic Form

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Termination of Contracts 1. Discharge by performance: Both

parties fulfill their obligations. 2. Discharge by agreement: Parties

release each other from their obligations.

3. Impossibility: Performance becomes impossible due to circumstances for which the parties are not responsible

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Termination of Contracts 4. Statute of Limitations: For

contracts it is usually 10 years. 5. Breach of Contract: One of the

parties fail to fulfill its obligations, than the other party has the right to terminate the contract unilaterally.

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TORTS Tort is a wrongful act of an

individual which results in an injury to another individual.

A civil action is brought by the injured party and the wrongdoer is forced to pay compensation.

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Conditions for Torts 1. Acts against law 2. Damage 3. Casual relationship 4. Negligence

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UNJUST ENRICHMENT Conditions: 1. There must be enrichment in the

property of a person 2. There must be a decrease in the

value of the property of another person

3. The enrichment must be without any legal ground.