Fault or Negligence according to our Supreme Court

- Failure to observe for the protection of the interests of another person, that degree of care
precaution and vigilance which the circumstances justly demand, whereby such other person suffers
injury

The test of negligence.

Did the actor in doing the alleged of negligent act use reasonable care and caution which an ordinarily
prudent person would have use in the same situation? If not, then he is guilty of negligence.

Negligence: A question of fact

- simply the failure or absence of due of care required by nature of the obligation

- failure to observe the diligence required for the protection of the interest of another person

- the diligence required in the performance of an obligation must depend upon the circumstances
of the particular obligations.

Factors to be considered in DETERMINING THE ISSUE OF DILIGENCE

Negligence – its existence being dependent upon the particular circumstances of each case

1. Nature of the obligation

- Smoking while carrying materials known to be inflammable

2. Circumstances of the person

- A guard, a man in the prime of life, robust and healthy, sleeping while on duty

3. Circumstances of time

Driving a car without headlights at night is gross negligence vs. driving a car without headlights during a
day is not negligence

4. Circumstances of the place

- Driving at 100 kilomets per hour on the superhighway is okay vs. driving at fast speed in Ayala
Avenue, Makati is gross recklessness

Measure of Liability for damages

Damages

- Money compensation awarded to a party for loss or injury resulting from breach of contract or
obligation by the other

- Purpose place innocent party in the same (not better) position he would have occupied if the
contract or obligation had been performed according to its terms

- Article 2201 of the Civil Code:

Obligor in good faith – liable for natural and probable consequences of the breach of obligation

Obligor in bad faith, malice or wanton attitude – responsible for all damages

KINDS OF DILIGENCE REQUIRED (Article 1173)

1. Agreed upon by the parties, orally or in writing

2. In the absence of the stipulation, that required by the law in the particular case (like the
extraordinary diligence required of common carriers); and

3. If both the contract and law are silent, then the diligence expected of a good father of a family
(par. 2; Article 1163)

Renunciation of negligence

- The waiver of an action for past or future negligence is valid

- parties can freely stipulate waiving liability due to negligence but such stipulation must be
construed against the party claiming the benefit of exemption.