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Torts and Damages Reviewer
Torts and Damages Reviewer
AUF School of Law CHAPTER 1 GENERAL CONSIDERATIONS Torts (Fr) torquere; to twist common law: unlawful violation of private right, not created by contract, and which gives rise to an action for damages. An act or omission producing an injury to another, without any previous legal relation of which the said act or omission may be said to be a natural outgrowth or incident. Private or civil wrong or injury, other than breach of contract. Can be based on all 5 sources of obligation as enumerated in Art. 1157, NCC genus; involves any violation of a right Classes of torts: Intentional torts conduct where the actor desires to cause the consequences of his acts or believes that consequences are substantially certain to result from it. Battery, assault, false imprisonment, defamation, invasion of privacy, interference of property Negligence voluntary acts or omissions which result in injury to another without intending to cause the same. The actor fails to exercise due care in performing such acts or omissions strict liability the person is made liable independent of fault or negligence upon submission of proofs of certain facts. Philippine Tort Law Obligations based on law & quasi-delict Sources New Civil Code Roman Law Spanish French Anglo-American Law Scope And Applicable Laws the Code Commission uses the word quasi-delict instead of torts because torts in Angle American law is much broader than the Spanish-Philippine jmvdg 1 Atty. Saben C. Loyola concept of obligations arising from noncontractual negligence. Intentional acts (considered torts in Anglo American law) are intended to be governed by the RPC in the Philippines Art. 19, 20, & 21 of the NCC enlarge the concept of tortious acts and embody in our law the AngloAmerican concept of tort. They are catch-all provisions that serve as basis for any imaginable tort action. Art. 20 is the general sanction for all other provisions of law which do not especially provide their own sanctions and is broad enough to cover all legal wrongs which do not constitute violation of contract. Defamation fraud physical injuries violation of constitutional rights negligence interference with contractual relations violation of privacy malicious prosecution product liability strict liability for possession of animals abuse of right (Art. 19, NCC) acts which violate good morals and customs (Art. 21, NCC) Art. 1902 of the old Civil Code covers the broad concept of torts prior to the NCC. Art. 2176 of NCC covers quasi-delict, which as observed by the SC in numerous cases includes intentional acts. Culpa aquiliana includes acts which are criminal in character or in violation of the penal law, whether voluntary or negligent. Purposes of Tort Law: General purpose: Protect different interests in the society, specifically to: provide a peaceful means for adjusting the rights of parties who might otherwise take the law in their hands 1st Sem/ A.Y. 2010-2011
The study of law of torts is therefore a study of the extent to which the law will shift from the person affected to the shoulder of him who caused the loss.(Wright, Cases on Law on Torts, p.1) Although tort law is mainly concerned with providing compensation for personal injury and property damage caused by negligence, it also protects other interests such as reputation, personal freedom, enjoyment of property, and commercial interests. Fundamental principles: These purposes of tort law are sought to be achieved in the pursuit of fundamental principles upheld under the NCC. EQUITY & JUSTICE NCC upholds the spirit that giveth life rather than the letter that killeth Art. 21 & 26 of NCC justice and equity demand that persons who may have damaged by the wrongful or negligent act of another are compensated. Acting with justice involves the duty to indemnify for damages caused under Arts. 20,21,28,27; to indemnify by reason of unjust enrichment under Arts. 22 & 23; and to protect the weaker party under Art. 24 the precepts of law are these, to live honestly, not to injure others, and to give each one his due. Justice is a steady and unceasing disposition to render every man his due. 2 levels of justice social distributive address the allocation of social goods and bads concern of our democratic jmvdg 2
DEMOCRACY democracy being more than a mere form of government, affecting as it does, the very foundations of human life and happiness, cannot be overlooked by an integral civil code. Art. 32 provides for independent civil actions for damages against any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates, or in any manner impedes or impairs the civil rights and liberties of another person. RESPECT FOR HUMAN DIGNITY Art. 26 and the provisions on moral damages are included in order to remedy defects in old CC in so far as it did not properly exalt human personality. The touchstone of every system of laws, of the culture and civilization of every country, is how far it dignifies man. Justification of Tort Liability: in cases of noncontractual obligations, it is the wrongful or negligent act or omission itself which creates the vinculum juris whereas in contractual relations the vinculum exists independently of the breach of the voluntary duty assumed by the parties. 1st Sem/ A.Y. 2010-2011
Plaintiff: Any person who had been injured by reason of a tortious conduct can sue the tortfeasor. Plaintiff can be a natural person or juridical person. An unborn child is not entitled to damages. But the bereaved parents may be entitled to damages, on damages inflicted directly upon them. (Geluz vs. CA, 2 SCRA 802) Defendant: may be held liable even if he does not know the identity of the plaintiff at the time of the accident. Can either be a natural or juridical being The primary purpose of a tort action is to provide compensation to a person who was injured by the tortious conduct of the defendant.
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Atty. Saben C. Loyola Includes all acts which Punishes only those any kind of fault or covered by penal laws negligence intervenes Liability of employer is Liability of employer is direct and primary subsidiary A single act or omission can give rise to 2 or more causes of action. Whenever a contractual obligation can be breached by a tort, it is also possible that two persons are liable for such breach even of there is only one act or omission that causes the injury. Art. 2194 applies when there are two persons involved. Limitation imposed by law is the proscription against double recovery provided under Art. 2177 of the NCC. Although an act can give rise to 2 causes of action, the plaintiff cannot recover twice for the same act or omission of the defendant. Negligence omission of that degree of diligence which is required by the nature of the obligation and corresponding to the circumstances of time, persons, and place. (Art. 1173) omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, world do. (Black's Law Dictionary) failure to observe for the protection of interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demands. (Judge Cooley) want of care required by the circumstances (Valenzuela vs CA) failure to observe that degree of care, precaution and vigilance which the circumstances justly demands whereby such other person suffers injury. (Valenzuela vs CA)
definition
characterist ic
Party relationship
Source of obligation
Breach of contract
Existence of the contract and its breach Proof of diligence is not a defense Crimes or
Culpa aquiliana
Affects private concerns Affects public interest CC merely repairs RPC punishes damages by means of corrects criminal act indemnification jmvdg
Degree of diligence required in ever situation: Art. 1173, NCC depends upon the nature of the obligation and corresponds to the circumstances of person, time and place Art. 365, RPC employment of the actor, degree of diligence, physical condition and other circumstances regarding persons, time, and place. Circumstances to consider in determining the existence of negligence: 1. Time 2. Place 3. Emergency emergency rule - the law takes stock of impulses of humanity when placed in a threatening or dangerous situations and does not require the same standard of thoughtful and reflective care from persons confronted by unusual and often time threatening situations 4. Gravity of harm to be avoided even if the odds that an injury will result is not high, harm may still be considered foreseeable if the gravity of the harm to be avoided is great. 5. Alternative cause of action if the alternative presented to the actor is too costly, the harm that may result may still be considered unforeseeable to a reasonable man, more so if there is no alternative thereto. 6. Social value or utility of activity the diligence which the law requires an individual to observe and exercise varies according to the nature of the situation which he happens to be in, and the importance of the act which he has to perform. Any act which subjects an innocent person to an unnecessary risk is a 5 1st Sem/ A.Y. 2010-2011
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7. LAWYERS conduct of lawyers is governed by the Code of Professional responsibility Canon 18 a lawyer is not bound to exercise extraordinary diligence, but a reasonable degree of care and skill, having reference to the character f the business he undertakes to do. 1st Sem/ A.Y. 2010-2011
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Remote cause cause which some independent force merely took advantage of to accomplish something not the natural effect thereof. Concurrent cause intervening cause which merely cooperated with the primary cause and which did nit break the chain of causation. The joint tortfeasors are solidarily liable TESTS OF PROXIMATE CAUSE cause-in-fact test it is necessary that there be proof that defendant's conduct is a factor in causing plaintiff's damage but for test or sine qua non test defendant's conduct is the cause in fact of the injury under this test if the damage would not have resulted had there been negligence on the part of the defendant. This is the test commonly applied in Philippine jurisdiction substantial factor test the causes set in motion by the defendant must continue until the moment of the damage or at least down the setting in motion of the final active injurious force which immediately produced or preceded the damage. Important in cases where there are concurrent causes NESS test the act or omission is the cause in fact if it is a necessary element of a sufficient set
the definition of proximate cause which includes the element of foreseeability is not consistent with the express provision of the New Civil Code (Art. 2202). natural and probable consequences of the act or omission complained for (Art. 2202) involves 2 things: (Reyes & Puno) causality damage would not have resulted without the fault or negligence of the defendant adequacy the fault of the defendant would normally result in the damage suffered by the obligee moral damages & purely economic loss are recoverable under the Philippine jurisdiction on Torts cases. Moreover, the defendant can also be made liable even to those who may be considered unforeseeable plaintiffs. CAUSE AND CONDITION it is no longer practicable to distinguish between cause and condition (Phoenix 14 1st Sem/ A.Y. 2010-2011
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EFFICIENT INTERVENING CAUSE one that destroys the causal connection between the negligent act and injury and thereby negatives liability novuc actus interviens there is no efficient intervening cause if the force created by the negligent act or omission have either: remained active itself created another force which remained active until it directly caused the result created a new active risk of being acted upon by the active force that caused jmvdg 15
CONTRIBUTORY NEGLIGENCE conduct on the part of the injured party, contributing as a legal cause to the harm he has suffered, which falls below the 1st Sem/ A.Y. 2010-2011
LAST CLEAR CHANCE Requisites: Plaintiff was in a position of danger by his own negligence Defendant knew of such position of the plaintiff Defendant had the least clear chance to avoid the accident by exercise of ordinary care but failed to exercise such last clear chance and Accident occurred as proximate cause of such failure Views: prevailing view the person who has the last fair chance to avoid the impending harm and fails to do so is chargeable with the consequences, without reference to the prior negligence of the other party. minority view the doctrine is not applicable in the jurisdiction where the common law doctrine of contributory negligence (which bars recovery) has been rejected rd 3 view the rule of comparative negligence and last clear chance are not considered inconsistent in any way cases where doctrine is applied the doctrine is being applied for the purpose of determining the proximate cause of the accident jmvdg 16
CHAPTER 6 HUMAN RELATIONS: INTENTIONAL TORTS CATCH ALL PROVISIONS: Art. 19, NCC believed to be a mere declaration of principles which is being implemented by other provisions abuse of rights, elements: there is a legal right or duty such right or duty was exercised in bad faith for the sole intent of prejudicing or injuring another sets certain standards which may be observed not only in the exercise of one's rights but also in the performance of one's duties to act with justice to give everyone his due to observe honesty and good faith Art. 20, NCC renders it impossible that a person who suffers damage because another has violated some legal provision, should find himself without relief
An action can only prosper when damage, material or otherwise, was suffered by the plaintiff.
Violation of privacy recognized in our jurisdiction: intrusion protect a person's sense of locational and psychological privacy forms of intrusion: prying into the privacy of another's residence (Art. 26 (a), NCC) criminal trespass (Art. 280, RPC) generally, there is no invasion of the right to privacy when a journalist records, photographs, or writes about something that occurs in public places. Except: when such constitutes harassment or overzealous shadowing. publication of private facts the interest sought to be protected is the right to be free from unwarranted publicity, from the wrongful publicizing of the private affairs and activities of an individual which are outside the realm of legitimate public concern elements: (American Jurisprudence) there must be a public disclosure the facts disclosed must be private facts the matter must be one which would be offensive and objectionable to a reasonable person of ordinary sensibilities elements: (Cordero vs. Buigasco) publicity is given to any private or purely personal information about a person such publication is without the 1st Sem/ A.Y. 2010-2011
Gravamen is the Gravamen embarrassment of a reputational harm person being made into something he is not.
The statement should Publication is satisfied if be made actually public. a letter is sent to a 3rd person Affects the relationship What is published of the plaintiff with his lowers the esteem in environment which the plaintiff is held commercial appropriation of likeness held to protect aspects of an individual's identity from commercial exploitation
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Discrimination laws against discrimination Universal Declaration Of Human Rights International Convention On Economic, Social, And Cultural Rights International Convention On The Ekements Of All Forms Of Racial Discrimination Convention Agaisnt Discrimination In Education Convention Concerning Discrimination In Respect Of Employment And Occupation Art. 135, Labor Code RA 7277, Magna Carta For Disabled Persons RA 8504 (discrimination Against 20
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ARTICLE 33: DEFAMATION, FRAUD, and PHYSICAL INJURIES Defamation invasion of the interests in reputation and good name, by communication to others which tends to diminish the esteem in which the plaintiff s held, or to excite adverse feelings or opinions against him. (Prosser) publication of statement which tends to lower a person in the estomation of right-thinking members of society generally or which tends to make them shun or avoid that person liability is brought about by the desire to protect the reputation of every individual requisites: 1st Sem/ A.Y. 2010-2011
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Exceptions: contravention of ordinance violation of game laws infraction of the rules of traffic when nobody is hurt treason rebellion espionage contempt, etc. The presence of civil liability in offenses is not determined by the fact that the crime is public or private. Persons liable: (RPC & NCC) principals accomplices accessories
Art. 109. Share of each person civilly liable. If there are two or more persons civilly liable for a felony, the courts shall determine the amount for which each must respond. Art. 110. Several and subsidiary liability of principals, accomplices and accessories of a felony Preference in payment. Notwithstanding the provisions of the next preceding article, the principals, accomplices, and accessories, each within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries for those of the other persons liable. The subsidiary liability shall be enforced, first against the property of the principals; next, against that of the accomplices, and, lastly, against that of the accessories. Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been made shall have a right of action against the others for the amount of their respective shares.
ARTICLE 34: NEGLECT OF DUTY intended to afford a remedy agaisnt police officers who connive with bad elements, are afraid of them or are simply indifferent to duty the subsidiary liability of cities and municipalities, is imposed so that they will exercise great care in selecting conscientious and duly qualified policeman and exercise supervision over them in the performance of their duties as peace officers CHAPTER 9 CIVIL LIABILITY ARISING FROM DELICT dual character of a crime: offense against the State for the disturbance of the social order offense against the person injured by the crime.
Art. 100, RPC. Every person criminally liable is also civilly liable. ARTICLE 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages.
What gives rise to the civil liability is really the obligation of everyone to repair or to make whole the damage caused to another by reason of his act or omission, whether done intentionally or negligently and whether or not punishable by law. jmvdg 23
Each of the persons liable shall be subsidiarily liable for the other's share in case of the latter's insolvency. 1st Sem/ A.Y. 2010-2011
EXEMPTING CIRCUMSTANCES (Art. 12, RPC) exempt the person from punishment no civil liability if the crime was committed by any person who while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. Crime was committed by any person who fails to perform an act required by law, when presented by some lawful or insuperable cause. MITIGATING CIRCUMSTANCES (Art. 13, RPC) reduces the criminal liability AGGRAVATING CIRCUMSTANCES (Art. 14, RPC) compels the court to impose the penalty to the maximum provided by
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Schools, Teachers and Administrators Art. 218, Family Code: schools, its administrators, and teachers or the individual, entity or institution engaged in child care shall have special parental authority and responsibility over the minor child under their supervision, instruction, or custody. They are principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor defense: due diligence of a good father of a family if the persons enumerated herein are made jmvdg 26
Employers the responsibility of employers for the negligence of their employees in the performance of their duties is primary Civil Code Art. 2180 of the Civil Code provides that the employer's liability is direct and primary the employer can escape this liability by proving that he exercised due diligence in the selection and supervision of the employee formulating SOP, monitoring their implementation, and imposing discipline for breaches thereof. presence of employer-employee relationship must be proven control test person for whom the services are to be performed controls not just the result but also the means and manner to achieve such end or result if only the employer is sued, he may recover from the employee what he has paid or delivered in satisfaction of the claim. If only the employee is sued, no right of reimbursement accrues. it is not necessary that the employer is engaged in some kind of industry or work (Castillex vs. Vasquez)
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5th paragraph of Art. 2180, NCC which is limited to acts of special agents special agent one who receives definite and fixed order or commission, foreign to the exercise of the duties of his office if he is a special official.
the liability imposed is absolute; it does not indicate a presumption or admit of proof of care. The term head of a family is not limited to the owner of the building and it may even include the lessee thereof.
Municipal Corporations liability of municipal corps for damages arising from injuries suffered by pedestrians from the defective conditions of roads is expressed in Art. 2189, NCC the article only requires that either control or supervision is exercised over the defective road or street. Public officers public officers who are guilty of tortious acts are personally liable for their actions. Section 38, Administrative Code of 1987
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Atty. Saben C. Loyola remedies civil action abatement without judicial proceedings remove or destroy the thing which constitutes the nuisance (must be with the assistance of the local police) nuisance per se nuisance under any and al circumstances nuisance per accidens becomes nuisance under certain conditions and circumstances there is strict liability on the part of the owner or possessor of the property where a nuisance is found because he is obliged to abate the same irrespective of the presence or absence of fault or negligence. Private person or public official extraordinarily abating a nuisance shall be liable for damages in 2 cases: if he causes unnecessary injury if an alleged nuisance is later declared by the courts to be not a real nuisance. The action to abate a nuisance is imprescriptible it is believed that the only effect of estoppel at most is that the private party who is so estopped may be deemed to have waived his or her rights to damages. CHAPTER 12 PRODUCT AND SERICE LIABILITY Product Liability law which governs the liability of manufacturers and sellers for damages resulting from defective products statutory basis: Consumer Act of the Philippines alternative theories: fraud or misrepresentation may be based on Art. 33, NCC usual exaggeration in trade are not actionable misrepresentations breach of warranty 29 1st Sem/ A.Y. 2010-2011
Anything that injures health, endangers life, offends the senses or produces discomfort to the community (Section 84, Code of Sanitation of the Phil.) protection against nuisance is a legal easement kinds public affects a community or neighborhood or any considerable number of persons although the extent of annoyance, danger or damage upon individuals may be unequal remedies prosecution under the RPC civil action for abatement without judicial proceedings a private person may file an action on account of a public nuisance, if it is specially injurious to himself with the following requisites: that demand be first made upon the owner or possessor of the property to abate the nuisance that such demand has been rejected that the abatement must be approved by the district health officer and executed with the assistance of the local police; that the value of the destruction does not exceed P3k private anything that is not included in the foregoing
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Interference With Prospective Advantage there is no contract yet and the defendant is only being sued for inducing another to enter into a contract with the plaintiff Unfair Competition Art. 28, NCC see Article 186, RPC; Section 2 of Art. XIV, Constitution; Section 168 (Sec. 168.2 and 168.3 [a] and [b]), IPCode; includes the cases involving the tort of interference with contractual relations and interference with prospective advantage also present is the defendant committed fraudulent appropriation against competition also present in the case of predatory pricing practice of selling below costs in the short run in the hoe of obtaining monopoly gains later, after driving the 1st Sem/ A.Y. 2010-2011
PP vs Claudio Teehankee, Jr.: compensation for damages for loss of capacity is awarded even to those who are NOT gainfully employed Mercury Drug vs Huang: student who was awarded damages for earning capacity Attorney's fees belongs to the client not to counsel not automatically awarded to winning litigant usually is 10% basis for the award must be explained in the dispositive portion of the decision avoidable consequences (Art. 2203, NCC) liquidated specific amount stipulated with regard to damage General rule: respected by court except: if the amount is unconscionable 33 1st Sem/ A.Y. 2010-2011
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