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Torts and Damages Reviewer PDF
Torts and Damages Reviewer PDF
Civil Law
SUMMER REVIEWER
TORTS AND DAMAGES
CHAPTER 1: CONCEPT OF TORTS
Art. 2176. Whoever by act or omission causes
damage to another, there being fault or
negligence, is obliged to pay for the damage
done. Such fault or negligence, if there is no preexisting contractual relation between the parties,
is called a quasi-delict and is governed by the
provisions of this Chapter. (1902a)
Preexisting
contract
Burden of
proof
Vinculum
Juris
NEGLIGENCE
The omission of that degree of diligence which is
required by the nature of the obligation and
corresponding to the circumstances of the
persons, time and place. (Art. 1173, NCC)
Proof
Needed
Defense
available
KINDS OF NEGLIGENCE
1. Quasi delict (Art. 2176 NCC)
2. Criminal negligence (Art. 356 RPC)
3. Contractual negligence (NCC provisions on
contracts particularly Arts. 1170 to 1174)
DISTINGUISHED FROM OTHER SOURCES OF
OBLIGATION:
Vinculum
Juris
Proof
Needed
Defense
available
CONTRACT
Contract
QUASI DELICT
Negligent act/
omission (culpa,
imprudence)
Preponderance
Preponderance
of evidence
of evidence
Exercise
of
Exercise of
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extraordinary
diligence of
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diligence (in
good father of a
contract of
family in the
carriage), Force selection and
Majeure
supervision of
employees
Preexisting
contract
Burden of
proof
CONTRACT
There is a preexisting contract
QUASI DELICT
No pre-existing
contract
Contractual
party.
Prove the ff.:
1. existence of
a contract
2. breach
Victim.
Prove the ff.:
damage
1. negligence
2. causal
connection
between
negligence and
damage done
CONTRACT
Contract
DELICT
Act / omission
committed by
means of dolo
(deliberate,
malicious, in bad
faith)
Proof beyond
reasonable doubt
Preponderance
of evidence
Exercise of
extraordinary
diligence (in
contract of
carriage), Force
Majeure
There is a preexisting contract
Contractual
party.
Prove the ff.:
1. existence of
a contract
2. breach
No pre-existing
contract
Prosecution.
Accused is
presumed
innocent until the
contrary is
proved.
Liability of
Employer
Reservation
Requirement
QUASI
DELICT
Solidary
DELICT
Subsidiary
Civil aspect of
the quasi-delict
is impliedly
instituted with
criminal action,
Civil aspect is
Impliedly
instituted with
criminal
action
Adviser: Dean Cynthia del Castillo Head: Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul Lim;
Subject Head: Jomi Legaspi;
Effect of
judgment of
acquittal in a
criminal
case
involving
same
act/omission
Not a bar to
recover civil
damages
TESTS OF NEGLIGENCE
Did the defendant in doing the alleged negligent
act use the reasonable care and caution which
an ordinary prudent person would have used in
the same situation?
If not, then he is guilty of negligence
Could a prudent man, in the case under
consideration, foresee harm as a result of the
course pursued?
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If so, it as the
duty
the actor to take
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precautions to guard against harm
CIRCUMSTANCES TO CONSIDER
Time
Place
Personal circumstances of the Actors
2. PHYSICAL DISABILITY
5. INTOXICATION
GENERAL RULE:
Wright v. Manila Electric Mere intoxication
is not negligence nor establishes want of
ordinary care. But it may be considered to
prove negligence.
6. INSANITY
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CHAPTER 4: DEFENSES
1. CONTRIBUTORY NEGLIGENCE - 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 if 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 persons 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
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12. PROSCRIPTION
AGAINST
DOUBLE
RECOVERY - Responsibility for fault or
negligence under quasi-delict is entirely separate
and distinct from civil action arising from the RPC
but plaintiff cannot recover damages twice for
same act or omission of the defendant
SCHOOLS LIABILITY:
3.
4. DEFENDANT
IN
POSSESSION
OF
DANGEROUS WEAPONS OR SUBSTANCES,
SUCH AS FIREARMS AND POISON
There is prima facie presumption of negligence
on the part of defendant if death or injury results
from such possession
EXCEPTION: The possession or use thereof is
indispensable in his occupation or business
Constantino
v.
Mendez
Sexual
intercourse is not by itself a basis for
recovery but damages could be awarded if
the sexual intercourse is not a product of
voluntariness or mutual desire
3. SEXUAL ASSAULT
Defendant is liable for all forms of sexual assault
4. DESERTION BY A SPOUSE
A spouse has the legal obligation to live with
his/her spouse. If a spouse does not perform
his/her duty to the other, he may be liable for
damages for such omission because the same is
contrary to law, morals, good customs and public
policy.
5. TRESPASS
PROPERTY
AND
DEPRIVATION
OF
2 KINDS:
a. TRESPASS TO AND/OR DEPRIVATION OF
REAL PROPERTY
Liability for damages under the RPC and Art.
451 of the Civil Code requires intent or bad
faith
A builder in good faith who acted negligently
may be held liable under Art. 2176 NCC
Art. 448 of the Civil Code in relation to Art.
456 does not permit action for damages
where the builder, planter or sower acted in
good faith. The landowner is limited to the
options given to him under article 448
b. TRESPASS TO AND/OR DEPRIVATION OF
PRIVATE PROPERTY
In the field of tort, trespass extends to all
cases where a person is deprived of his
personal property even in the absence of
criminal liability
Examples: theft, robbery
Magbanua v. IAC, 137 SCRA 352 it may
cover cases where the defendant was
deprived of personal property for the purpose
of obtaining possession of real property. The
defendant who was landlord, was held liable
because he deprived the plaintiffs, his
tenants of water in order to force them to
vacate the lot they were cultivating.
7. ILLEGAL DISMISSAL
The right of the employer to dismiss an employee
should not be confused with the manner in which
the right is exercised and the effects of flowing
therefrom.
If the dismissal was done anti-socially and
oppressively, the employer should be deemed to
have violated Art. 1701 of the Civil code (which
prohibits acts of oppression by either capital or
labor against the other) and Art. 21
An employer may be held liable for damages if
the manner of dismissing is contrary to morals
good customs and public policy.
8. MALICIOUS PROSECUTION
An action for damages
brought
by one against
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another whomTIFF
aarecriminal
prosecution,
civil suit, or
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other legal proceeding has been instituted
maliciously and without probable cause, after
termination of such prosecution, suit or
proceeding in favor of the defendant therein.
The action which is terminated should be one
begun in malice, without probable cause to
believe that the charges can be sustained
ELEMENTS:
a. The fact of the prosecution and the further
fact that the defendant was himself the
prosecutor; and that the action was finally
terminated with an acquittal
b. That in bringing the action, the prosecutor
acted without probable cause
c. The prosecutor was actuated or impelled by
legal malice
NOTE: Presence
absence of malice.
of
probable
cause
signifies
9. PUBLIC HUMILIATION
Such acts also constitute an offense under Art.
359, RPC (slander by deed)
Patricio v. Hon. Oscar Leviste - A person can
be held liable for damages for slapping another in
public.
CHAPTER 8: DAMAGES
KINDS OF
DAMAGES
ACTUAL
OR
COMPENSATORY
Actual or compensatory;
Moral;
Nominal;
Temperate or moderate;
Liquidated; or
Exemplary or corrective.
DAMAGE the detriment, injury or loss which is
occasioned by reason of fault of another in the
property or person
DAMAGE
Loss, hurt or
harm which
results from the
injury
DAMAGES
The recompense
or compensation
awarded for the
damage suffered
NOTE:
A complaint for damages is a personal action
Proof of pecuniary loss is necessary to
successfully recover actual damages from the
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necessary in case of moral, nominal, temperate,
liquidated or exemplary damages.
The assessment of damages, except liquidated
ones, is left to the discretion of the court
according to the circumstances of each case.
1. ACTUAL/COMPENSATORY
j.
k.
3. NOMINAL DAMAGES
ELEMENTS:
a. Plaintiff has a right
b. Right of plaintiff is violated
c. Purpose is not to identify but vindicate or
recognize right violated
NOTE:
The Law presumes damage although actual or
compensatory damages are not proven
They are damages in the name only and are
allowed simply in recognition of a technical injury
based on a violation of a legal right
Nominal damages cannot coexist with actual or
compensatory damages
4. TEMPERATE OR MODERATE DAMAGES
REQUISITES:
a. Some pecuniary loss
b. Loss is incapable of pecuniary estimation
c. Must be reasonable
5. LIQUIDATED DAMAGES
MAY
BE
WHEN IMPOSABLE:
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