Foreseen and unforeseen damages

Abstract

IT is a rule of law that obligations lawfully entered into by the parties must be performed with good faith (art. 699}. It sometimes happens, unfortunately, that such obligations are not performed. The first effect of such non-performance is " enforcement"; but the Court cannot always enforce an obligation; it is a well-known maxim of law that nemo precise cogi potest esse ad factum . In many cases all that can possibly be done by the Court is to give money compensation, i.e. to order a payment which shall put the plaintiff in the same financial position as if the duty had been fulfilled or the wrong not committed. And here we come to the second effect of the non-performance of obligation, namely liability for damages on the part of the debtor.