Avellane University Scheal af Law Arellano Law Foundation Taft Ave., Cor. Mento St., Pasay City CLASSROOM PRAYER Dios aming Ama, kami ay nagpupuri't nagpapasalamat sa iyo. Sa patnubay ng mahal na Espiritu Santo kami ay tulungan sa aming pag-aaral s dito sa Arellano Law Foundation. At sa aming pakikisama sa aming ‘mga guro at kamag-aral. Tulungan Mo po rin ang mga namamahala ng Arellano Law Foundation. At bigyan Mo po kami ng pagkakataon na makapaglingkod sa aming mga kapwa, sa aming mga magulang at sa Bayang Pilipinas. Hinihingi po namin ito sa ngalan ng iyong Anak na si Hesus. Amen. OUTLINE ON TORTS AND DAMAGES BOOK OF HECTOR M. DE LEON, JR. TEXTBOOK COMMENTS AND CASES: ON TORTS AND DAMAGES 2012 EDITION CHAPTER 1 - INTRODUCTION (p. 1-27) I - MEANING OF TORT Tort (genericy‘wrong/ II - Kinds of wrong (type with common trait, similar) injury (bodily harm) resulting to damage Civil - violation of private legal right Criminal - offense against the public (penalized by law as crime or felony) III - Essence of Tort 1. Act a. Intentional - Conscious : by accident Bheinesire b. Negligent reckless, gross or wanton (heartless, malicious) 1 poe mut te an ad (_ falenhimal —ne~ ak conihi fb realigen ces A Uotequcotee of Gn fat — haem J inpog ) dam aye Be ah nay be fiend Re peaplg poten 3. Wptinhir Page 1 of 142. Consequence Harm/Injury/Damage Coverage (Property torts, Personal torts) 3. Involves Civil liability (compensation) due to violation of one’s right. IV - Functions/Goals a. Morality or corrective justice - for the good of the society (liability based) b. Social utility or policy - public interest c. Legal process - litigation process d. Potential conflict - violation of both parties’ right e. Distribution of loss - third party shares in responsibility f. Redress of social grievances - remedy g. Summary: a mixed system - either corrective or deterrence V - General class (Distinct or category) Property Torts - realty/personality (endowed with human qualities) Personal torts - injuries to the person (body, reputation, or feelings) VI - Classes of injury a.) injury to person b.) Interference with relations 1. General a.) concept (theory, broad understanding) b.) kinds — general application 2. Family relations a.) alienation of affection b.) loss of consortium c.) criminal - personal association or connection Page 2 of 143. Social relations a.) meddling with or disturbing family relations b.) intriguing to cause another to be alienated from others (friends/relatives) 4. Economic relations a.) interference with contractual relations b.) unfair competition 5. Political relation a.) violation of right to suffrage (Civil Code Art. 32) b.) violation of other political rights (bill of rights) c.) anti-graft or corrupt Practices Act. (RA 3019) d.) Code of Conduct and Ethical Standards for public officials and employees (RA 6713) VII - TORT & CONTRACT (p. 8-12) [ TORT CONTRACT - Presence of wrong - Presence agreements (terms & conditions) - Personal /vested interest - Liability determined by the - Fault (negligence) - Civil liability (governed by law) = Independent from other ; actionable conduct such as parues contract AREA OF CONCERN 1. Responsibility exists independently of crime. 2. Responsibility resulting to the same act or omission that breaks the contract may also be tort. Page 3 of 14VIII - TORT AND CRIME (p. 12-14) TORT CRIME - Personal (aggrieved party) - Civil liability (damages, compensation, restitution) - Negligence /fault - Compromise / negotiation - Preponderance of evidence - Independent action State (community at large peace and order) Punishment (fine or imprisonment) Intent /legal prohibition Not subject to compromise /negotiation except civil liability. Proof beyond reasonable doubt. Civil liability is jointly tried with the crime committed. AREA OF CONCERN 1. Tort may arise or independent of crime. 2. Common ground of Tort & Crime is conduct of the person. IX - PARTIES IN TORT (p. 15-16) 1. Aggrieved / injured party «Particular individual (person directly sustaining injury) * Person upon whom tort is committed = Person directly injured * Person injured by tort committed upon another = Several persons wronged by same act * Person especially injured by contract violation (Chapter 7 pp. 436-475 Tortuous Interference with Contractual Relations) Page 4 of 142. Persons liable for tort p. 16-20) A. Tortfeasor (person directly involved (proximate cause) B. Person by Extension of law (SSS) or Vicarious (suffered or done in place of another, delegate) liability (see Art. 2180 p. 360) & chapter 8 ~ other actionable wrongs (persons made responsible for others) 1. In general a.) Quasi-delict (i) Persons liable Quasi-delict see Art. 2180 p. 360 (parents, guardians, owners and managers of business establishment, employers, State, teachers, heads of arts and trades) Family Code: Art. 218 - School, administrator, teachers, or the individual, entity of institution engaged in child care (special parental authority) Art, 219 - (Principally & solidarily liable for unemancipated minors) Art, 221 - Parents/others exercising parental authority civilly liable for unemancipated minors living in their company & under their parental authority. Page 5 of 14 |(il) Elements of Quasi-delict see definition - see Art. 2176 p. 167 (iii) Distinguished from culpa contractual and culpa criminal b.) Indirect liability for intentional acts c.) Presumption of negligence on persons indirectly responsible d.) Nature of liability Joint or solidary Quasi-delict see art. 2180 p. 360 (solidary) Family Code see Art. 219 2. In Particular or Specific a) Parents b) Guardians c) Owners and managers of establishments and enterprises d) Employers (i) Meaning of employers (ii) Requisites a) Employee chosen by employer or through another b) Services rendered in accordance with orders which employer has authority to give ¢) Illicit act of employee was present on the occasion or by reason of the functions entrusted to him d) Presumption of negligence (iil) Employer need not be engaged in business or industry Page 6 of 14(iv) Defense of diligence in selection and supervision (v) Nature of employer's liability e) State f) Teachers and heads of establishments of arts and trades. C. Joint tortfeasors (See Art. 2194, Civil Code p. 429) X - JURISDICTION Ordinary Rule - Scene of the incident Lex Loci (right of action - place where the injury/harm happened) | transitory - passing through Lex Fori (law of the forum or place for the recovery of claim) XI - PHILIPPINE LAWS ON TORTS 1. Civil Code Provisions Human Relations (Ch. 4 pp. 69-128) Nuisance (Ch. 5 pp. 129-166) sbligati Art. 1157 - Obligation arising from Quasi-delict Art. 1172 - Responsibility from negligence - i = tontists in the omission of that Art. 1173 - Definition of negligence gee wile ated ty he in obhschen Grd Conds pends the Circumstances of the Peeters, of the Sine Art. 2176 to 2194 law governing quasi-delict under the ord of Philippine Civil Code te phoe. Of" the Art. 1174 - Responsibility for fortuitous éven 2. Special Laws (Ch. 9 pp. 521-568) Page 7 of 14= EN’ F TOR’ I - Cause of Action in torts 1. In General Causes of action - formal assertion in the complaint stating the facts seeking remedy for the violation of one’s right 2. Test in tort action Violation of one’s right’and corresponding duty to answer for such violation. 3. Elements a() legal right to claim for the wrong done ~ b,) Tegal duty to answer for the wrong done c.) presence of a wrong arising from an act or omission II - Existence of legal right and duty 1. Presence of cause of action 2. Moral rights and duties must have legal basis 3. Assumption of gratultous undertaking makes one responsible due to improper performance. 4. Bounds of right and duties sufficing as basis of torts require legal justification 5. Cases of novel impression means that although there is no previous experience for such tortuous act does not mean is not tortuous a . Nature of right invaded - in personam N . Privity of Contract - direct connection Page 8 of 14III - Violation of Legal right and Duty - Lawful exercise of legal rights - Positive and negative (omission) conduct - Duty to avoid harm to others - Duty to refrain from acts harmful to others - Concurrence of breach of duty and invasion of regret IV - Relation between wrongful act and injury 1. Generally - privity 2. Intentional injuries - proximate results 3. Willful acts ~ liable as a consequence of the act 4. Unlawful acts - violation of a statute V - Damage as an element of tort - Nature and sufficiency ~ presence of legal wrong - Damages recoverable - based in the injury - Absence of other elements (damnum absque injuria - damage without wrong) VI - Motive, purpose and intent as elements of tort Motive ~Cimpelling force to_do-an—aet/ force inducing an act of violation (power to make decision) Purpose ~ reason akin to the meaning of motive Intent - to perform something against one’s interest VII - Materiality of motive It depends on the conduct/or how an act is executed VIII - Materiality of intent It depends on the result of the act. Page 9 of 14IX - Particular Kinds of Tortuous acts 1. Acts intended to inflict injury 2. Acts not intended to inflict injury - accident 3. Malicious acts - involves wickedness, depravity and evil intent 4. Willful and wanton acts 5. 6. Willful act - done on purpose (not accidentally) Wanton act - done on purpose with malicious disregard of the rights of others - Willful or wanton negligence The act done or omitted must be intended or in bad faith Acts arising out of a contractual relationship X - Particular type of torts 1. Generally * Culpable and intentional acts resulting in harm * Acts involving culpable and unlawful conduct causing unintentional harm Non culpable acts or conduct resulting in accidental harm * Culpable acts of inadvertence involving unreasonable risks 2. Interference with property rights 3. Interference with right to services 4, Interference with contractual rights 5. Interference with personal rights 6. 7. 8. 9. Rudeness, threats, abusive language . Obstruction of and compelling resort to legal remedies . Malicious prosecution of a criminal action . Unauthorized suit in another’s name XI - Prima Facie tort doctrine Intentional malicious (desire to deliberately harm) i jury done solely to harm another XII - Doctrine of strict of absolute liability in tort A person’s act causing harm to another is responsible for that harm simply because he had acted. Page 10 of 14CHAPTER 3 JUSTIFICATION AND DEFENSES AGAINST LIABILITY pp. 57 - 68 I. Generally 1. Legal liability in tort is based in an act which can not be justified in law/ or done without just or lawful excuse, or justifiable cause or occasion. 2. Where tort is intentional, law recognizes fewer defenses. Offender’s conduct is the legal cause of the harm. II. Justifications and defenses defeating a claim ee 1. Act is rightful - Ce al at 2. Affirmative defenses jj, a. offender's burden of proof and persuasion xomale, ; b. statute of limitations (prescription) jgeonduct ¢. contributing negligence - plaintit 6 own = mite Sfobrar « d. government immunity seed m je forded? III. Mistake # OY: Based on the act of a reasonable person wader she Circumstances , rnifele fc velwan? tm dokeminng La Jy ctefurs ateh mG IV. Illegal Transaction tearinahe oom Injury not connected with illegal transaction V. Necessity of self-protection 1. protection of public welfare or safety 2. defense of life or property 3. self-defense Page 11 of 14VI. Destruction of plaintiff's property to prevent spread of fire 1. By public authorities 2. By an individual or a community of individuals (self-defense) a. is founded in necessity and not expediency - personal safety or security - preservation of his own property - community of individuals in defense of their common safety or in the protection of their common rights b. necessity must be immediate and imperative c. extreme or overwhelming d. reasonable VII. Consent to the act a. true assent b. voluntary VIII. Practical joke; horse play No intention to inflict injury IX. Proximate cause of the injury The injury must be the natural and probable consequence of the wrong Page 12 of 14X. Contributing negligence Partly responsible © Accident or fortuitous event o Damnum absque injuria © Authority of law o Party to illegal transaction XI. Last clear chance rule The party who is in the best position to avoid the injury (accident) o Last clear chance rule (based on chronology of events) o Involves the last opportunity to avoid damage (accident / collision) o Plaintiff - defendant is relieved liability (contributory) o Defendant - liable contributory negligence is not an excuse XII. Assumption of risk Agrees to assume the risk XIII. Immunities a.) by statute b.) by relation (spouses, parent-child) c.) governmental immunity Page 13 of 14XIV. Other defenses a.) involuntary act due to force or intimidation (Art.2176) or b.) exercise of right.on the performance of a duty (Art.19) c.) damage caused by fortuitous event (Arts. 1174 & 2178) d.) under emergency ‘conditions and the conduct did not Ssiate to th e creation of the emergency (Art.2179) e.) proof of exercise of due diligence (Arts. 2180 & 2184) f.)prescription period (Arts. 1146 & 2194) g.) voluntary waiver/ quitclaim h.) Contributory negligence XV. Burden of Proof-Degree of Proof a.) Preponderance of evidence - fhe eudente adduced bg one Me oe conclire osadible, a b.) Shift of burden of proof fear Phat ¢ Me oe ae pty c.) Outcome of case -insufficiency of evidence d.) Where absence of fault or negligence is immaterial Page 14 of 14