Tort Law Negligence

Tort law negligence simply means the failure of a person to exercise

and observe the required diligence to protect the interest of another person.

In the Philippines, tort law negligence is termed as quasi-delicts. Under

Article 1173 of the New Civil Code of the Philippines [ CITATION The \l 13321 ],

negligence consists of the omission of that diligence which is required by

the nature of the obligation and corresponds with the circumstances of the

person, of time and of place.

Furthermore, a person who is found to be negligent is made liable

under the New Civil Code of the Philippines. Article 2176 of the New Civil

Code of the Philippines1 provides that any person who, by reason of his act

or omission causes damage to another person, there being fault or

negligence is obliged to pay for the damage done. Clearly, the law

punishes any person who causes damage to another by reason of their

negligence.

Nevertheless, there is a test to determine the existence of negligence.

In the case of Picart v. Smith, 37 Phil. 809 (1918), the Supreme Court held

that the test to determine the existence negligence in a particular case or in

1
The New Civil Code of the Philippines (n.d.)
each situation is whether an ordinary prudent man would have acted with

reasonable care and caution in the given situation. If the circumstances

require for the exercise of reasonable care and caution but the person failed

to do so, then there is negligence.