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C I V I L L A W R E V I E W E R – T O R T S A N D D A M A G E S MEMORY AID
Burden of Contractual party. Prove Victim. Prove the ff.: Prosecution. Accused
proof the ff.: 1. damage is presumed
1. existence of a 2. negligence innocent until the
contract 3. causal contrary is proved.
2. breach connection
between
negligence and
damage done
Effect of judgement Not a bar to recover civil damages Not a bar to recover civil damages
of acquittal in a EXCEPT when judgement
criminal case pronounces that the negligence
involving same from which damage arise is non-
act/omission existent
E. DEFENSES:
1. CONTRIBUTORY NEGLIGENCE - the theory here is that the plaintiff was
also negligent together with the defendant; to constitute a defense, proximate
cause of injury/damage must be the negligence of defendant
2. CONCURRENT NEGLIGENCE - the theory here is that both parties are
equally negligent; the courts will leave them as they are; there can be no
recovery
3. DOCTRINE OF LAST CLEAR CHANCE - even though a person’s own
acts may have placed him in a position of peril and an injury results, the injured is
entitled to recover if the defendant thru the exercise of reasonable care and
prudence might have avoided injurious consequences to the plaintiff.
*** This defense is available only in an action by the driver or owner of one
vehicle against the driver or owner of the other vehicle involved.
Elements:
a. plaintiff was in a position of danger by his own negligence
b. defendant knew of such position of the plaintiff
c. defendant had the least clear chance to avoid the accident by exercise of
ordinary care but failed to exercise such last clear chance and
d. accident occurred as proximate cause of such failure
Inapplicable to:
1. joint tortfeasors
2. defendants concurrently negligent
3. as against 3rd persons
11. PRESCRIPTION
Injury to right of plaintiff/quasi delict - 4 years
Defamation - 1 year
*** When no specific provision, must be counted from the day they may be
brought
Family Code, art 219 - those given the authority & responsibility shall be solidarily
& principally liable for damages caused by act/omission of the unemancipated
minor; parents, judicial guardian or person exercising substitute parental
authority over said minor shall be subsidiarily liable.
Issues:
1. whether or not schools are liable? –
gen rule: schools are not liable as party defendants
exception:
a) FC 218 – schools are expressly made liable
b) St. Francis case ruling – school’s liability as employer
c) PSBA case ruling – school has liability based on contract
So that –
a) if culprit is a teacher, follow St. Francis ruling (sue school as
employer)
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C I V I L L A W R E V I E W E R – T O R T S A N D D A M A G E S MEMORY AID
b) if culprit is a stranger, follow PSBA ruling (sue school based on
contract)
c) if culprit is a student - apply 2180
2. does 2180 apply to school of arts & trades only?
No. applies to all including academic institution per weight of jurisprudence
based on obiter of Justice JBL Reyes in the Exconde case
3. basis of liability of teacher – principle of loco parentis (stand in
place of parents)
4. so long as they remain in their custody
• not literal anymore; before: boarding & living with teacher due to
peculiar characteristic of trade & arts school
2. UNJUST ENRICHMENT
- Arts. 22, 23, 2142 & 2143
The ff. acts though they may not constitute a criminal offense, shall produce a cause
of action for damages, prevention and other relief:
i. prying into the privacy of another's residence
iii. meddling with or disturbing the private life or family relations of
another
iii. intriguing to cause another to be alienated from his friends
iv. vexing or humiliating another on account of his religious beliefs,
lowly station in life. Place of birth, physical defect, or other
personal condition
5. UNFAIR COMPETITION
- Unfair competition in agricultural, commercial or industrial enterprises or in labor
through the use of force, intimidation, deceit. Machination or other unjust, oppressive or
highhanded method (Art 28)
7. MALICIOUS PROSECUTION
ELEMENTS;
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C I V I L L A W R E V I E W E R – T O R T S A N D D A M A G E S MEMORY AID
a. that the defendant was himself the prosecutor/ he instigated its
commencement
b. that it finally terminates in his acquittal
c. that in bringing it the prosecutor acted without probable cause, and
d. that he was actuated by legal malice, that is, by improper and sinister motive
9. NUISANCE
a. DEFINITION - any act, omission, establishment, condition of property, or
anything else which:
i. injures or endangers the health or safety to others, or
ii. annoys or offends the senses, or
iii. shocks, defies, or disregards decency or morality, or
iv. obstructs or interferes with the free passage of any public highway
or streets, or any body of water
v. hinders or impairs use of property
b. KINDS:
NUISANCE PER ACCIDENS - those which are in their nature not nuisances, but
may become so by reason of their locality, surroundings, or the manner in which
they may be conducted, managed, etc.
PRIVATE - one that is not included in the foregoing definition; affect an individual
or a limited number of individuals only
H. DAMAGES
Kinds of Damages: (MENTAL)
MORAL
EXEMPLARY
NOMINAL
TEMPERATE
ACTUAL
LIQUIDATED
1. ACTUAL/COMPENSATORY
- adequate compensation for
a) the value of loss suffered
b) profits which obligee failed to obtain
Exception:
a. provided by law
b. by stipulation
4. Attorney's fees
- as a general rule, attorney's fees (other than judicial costs) are not
recoverable, except:
a) stipulation between parties
b) when exemplary damages are awarded
c) when defendant's act/omission compelled plaintiff to litigate with 3rd
persons or incur expenses to protect his interest
d) malicious prosecution
e) clearly unfounded civil action or proceeding against plaintiff
f) defendant acted in gross & evident bad faith in refusing to satisfy
plaintiff's just & demandable claim
g) legal support actions
h) recovery of wages of household helpers, laborers & skilled workers
i) actions for indemnity under workmen's compensation and employer
liability laws
j) separate civil action to recover civil liability arising from crime
k) when double judicial costs are awarded
5. Judicial costs
6. interest
- discretionary on part of the court
3. NOMINAL DAMAGES
- adjudicated in order that a right of the plaintiff, which has been violated or invaded by
the defendant, may be vindicated or recognized, and not for the purpose of indemnifying
the plaintiff for any loss suffered by him
ELEMENTS:
a. Plaintiff has a right
b. Right of plaintiff is violated
c. Purpose is not to identify but vindicate or recognize right violated
REQUISITES:
a. Some pecuniary loss
b. Loss is incapable of pecuniary estimation
c. Must be reasonable
5. LIQUIDATED DAMAGES
- those agreed upon by the parties to a contract, to be paid in case of breach thereof
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C I V I L L A W R E V I E W E R – T O R T S A N D D A M A G E S MEMORY AID
WHEN LIQUIDATED DAMAGES MAY BE EQUITABLY REDUCED:
a. iniquitous or unconscionable
b. partial or irregular performance