Obligation, breach of contract and agents liability on the chilean civil code

Abstract

The agent's duty to perform its task is typically an obligation of means, which content consists in a certain activity that shall be determined according to integrative diligence and good faith. The obligation so determined differs from the proper contractual diligence, that is referred to the conduct to be performed by the agent in order to secure the satisfaction of its obligation and that impacts in the attribution of liability for any breach thereof. Articles 2158, last paragraph, and 2129 of the Civil Code recognize these two functions of the diligence, demonstrating that the liability's regime to be applicable to all debtors of an obligation of means is the same than the one referred to a debtor of an obligation of result. © 2013 Pontificia Universidad Católica de Chile.