Untitled 74

78
Search
TOOLS
TORTS AND DAMAGES

Mark Anthony Tio… Mark Anthony Tion…
torts
Show more ▾
Legal Theory
1,088 Views
"
Full PDF PackagePAPER Summary ! Saved to Library
RELATED
Original PDF (64 minute read) Summary NEW
San Beda College of Law

215
MEMORY AID IN CIVIL LAW
TORTS AND DAMAGES

I. TORTS
NEGLIGENCE
TORT ! The omission of that degree of
! An unlawful violation of private diligence which is re(uired by the nature
right, not created by contract, and which of the obligation and corresponding to
gives rise to an action for damages. the circumstances of persons, time and
! It is an act or omission producing an place. !Article 1173 Civil Code"
injury to another, without any previous
existing lawful relation of which the said Kinds of Negligence:
act or omission may be said to be a 1. Culpa Contractual !contractual
natural outgrowth or incident. !negligence"

)overned by $$ provisions on
NOTES: Obligations and $ontracts, particularly
" An unborn child is NOT entitled to Arts. **+J to **+- of the $ivil $ode.
damages. @ut the bereaved parents may
be entitled to damages, on damages 2. Culpa Aquiliana !quasi-delict"
inflicted directly upon them. !Geluz vs. ! )overned mainly by Art. L*+/ of the
CA, 2 SCRA 802" $ivil $ode
" #efendants in tort cases can either
3. Culpa Criminal !cri@inal negligence"
be natural or artificial being.
! )overned by Art. 0/1 of the 2evised
$orporations are civilly liable in the
same manner as natural persons. %enal $ode.
" Any person who has been injured by
NOTES:
reason of a tortious conduct can sue the
tortfeasor.
" The 0 3inds of negligence furnish
" The primary purpose of a tort action
separate, distinct, and independent
is to provide compensation to a person
bases of liability or causes of action.
who was injured by the tortious conduct
of the defendant. " A single act or omission may give rise
" %reventive remedy is available in to two or more causes of action.
some cases.
Classes of Torts:
Cul@a Contractual Cul@a A!uiliana
A. Negligent Torts The foundation of
@. Intentional Torts the liability of the It is a separate
defendant source of obligation
HOME $. &trict 'iability
MENTIONS LETTERS COURSES
is the contract independent
UPLOAD
contract of
In (uasi4delict the
In breach of contract presumptive
committed through responsibility for the
A. NEGLIGENT TORTS the negligence of negligence of his
employee, the servants can be
employer cannot rebutted by proof of
! Involve voluntary acts or omissions the exercise of due
erase his primary and
which result in injury to others without direct liability by care in their selection
intending to cause the same or because invo3ing exercise of and supervision.
the actor fails to exercise due care in diligence of a good
performing such acts or omissions. father of a family in
CIVIL LAW COMMITTEE

CHAIRPERSON : Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP: Alnai@a Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, AleLandro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer)Nill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a EliLa# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1ic"! o2 /a3+

216
! If not then he is guilty of

the selection and negligence.
supervision of the L. $ould a prudent man, in the case
employee. under consideration, foresee harm as
a result of the course pursued7
! If so, it was the duty of the actor to
ta3e precautions to guard against harm.
NOTES:
" Negligence is a conduct 4 t he
determination of the existence of
negligence is concerned with what the
Cul@a A!uiliana Cri"e
defendant did or did not do
! The state of mind of the actor is
Only involves private Affect the public
concern interest not important6 good faith or use of
sound judgment
existence is immaterial.
of negligence The
in a given
The $ivil $ode by The 2evised %enal
means of indem4 $ode punishes or case is not determined by reference
nification merely corrects criminal act to the personal judgment but by the
repairs the damage behavior of the actor in the situation
before him. !!icart vs. S@it"#
Includes all acts in %unished only if there " Negligence is a conduct that creates
which any 3ind of is a penal law clearly an undue ris3 of harm to others.
fault or negligence covering them
" The determination of negligence is a
intervenes
(uestion of foresight on the part of the
actor 8 9O2:&:A@I'IT;.
'iability of the
'iability is direct and employer of the
primary in (uasi4 actor4employee is ! :ven if a particular injury was not
delict subsidiary in crimes foreseeable, the ris3 is still foreseeable
if possibility of injury is foreseeable.
#$ASI%DELICT
! 9orseeability involves the (uestion of
! 5hoever by act or omission causes %2O@A@I'IT;, that is, the existence of
damage to another, there being fault or some real li3elihood of some damage and
negligence is obliged to pay for the the li3elihood is of such appreciable
damage done. !Article L*+/ $ivil $ode" weight reasonably to induce, action to
avoid it.
Essential Re!uisites for a !uasi%

delictual action: Calculation of Ris&
*. Act or omission constituting fault or ! Interests are to be balanced only in
negligence6 the sense that the purposes of the actor,
L. #amage
omission6caused
and by the said act or the
maynature
result of his action
from act andorthe harm that
inaction are
0. $ausal relation between the damage elements to be considered.
and the act or omission.
Circu"stances to consider in
Tests of Negligence deter"ining negligence: '(EST%GA()
*. #id the defendant in doing the *. Time
alleged negligent act use the L. %lace
reasonable care and caution which 0. :mergency
0. :mergency
an ordinarily prudent person would ! E"ergenc* rule
have used in the same situation7
CIVIL LAW COMMITTEE
R#odora
*errer)Nill!
Jo#n S"e&#enand Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a EliLa# Dumama)Sale! and /ea!e+,
Pur(anan)/TD+,

217
!G$%$RA& R'&$( An individual who " The law fixes no arbitrary age at
suddenly finds himself in a situation which a minor can be said to have the
of danger and is re(uired to act necessary capacity to understand and
without
best much
means time
that maytobe
consider
adoptedthe
to appreciate
of his acts. the nature
!*aRlor vs. and conse(uence
Seralco, 14 !"il
avoid the impending danger is not 8"
guilty of negligence if he fails to " Applying the provisions of the
underta3e what subse(uently and
2evised %enal $ode, >udge &angco ta3es
upon reflection may appear to be a
the view that a child who is ? or below is
better solution.
conclusively presumed to be incapable of
!$)C$!*+L%( 5hen the emergency
negligence. In the other hand, if the
was brought by the individual<s own child is above ? years but below *1,
negligence. !Malenzuela vs. CA 2N3 there is a disputable presumption of
SCRA 303". absence of negligence.
-. )ravity of =arm to be avoided
" Absence of negligence does not
1. Alternative $ourse of Action
! If the alternative presented to necessarily mean absence of liability.
" 'iability without fault@ a child under
the
thatactor
may is too costly,
result may bethe harm
still be ? years can still be subsidiarily liable
considered unforeseeable to a with his property !Art. *JJ, 2%$"
reasonable man. " Absence of negligence of the child
/. &ocial value or utility of activity may not excuse the parents from their
+. %erson exposed to the ris3 vicarious liability under Art. L*aJ N$$ or
Art. LL* 9$.
GOOD +AT,ER O+ A +AMIL- ' pater
familias): 0. (/*sical Disa1ilit*
4 this is the standard of conduct used in ! Bere wea3ness of a person will not
the %hilippines be an excuse in negligence cases.
4 a man of ordinary intelligence and ! =owever if defect amounts to a real
prudence or an ordinary reasonable disability the standard of conduct is that
prudent man of a reasonable person under li3e
a reasonable man deemed to have
3nowledge of the facts that a man should disability.
be expected to 3now based on ordinary 2. E3@erts and @rofessionals
human experience. /!%R vs +AC, 217 ! They should exhibit the care and s3ill
SCRA P0Q# of one who is ordinarily s3illed in the
4 a prudent man who is expected to 3now particular field that he is in.
the basic laws of nature and physics, e.g. ! 5hen a person holds himself out as
gravity.
being competent to do things re(uiring
professional s3ill, he will be held liable
SPECIAL RULES
for negligence if he fails to exhibit the
N. C/ildren
care and s3ill of one ordinarily s3illed in
! The action of the child will not
the particular wor3 which he attempts to
necessarily be judged according to the do.
standard of an adult. @ut if the minor is ! An expert will not be judged based
mature enough to understand and
appreciate the nature and conse(uence on what
! The a non4expert can foresee.
rule regarding experts is
of his actions, he will be considered
applicable not only to professionals who
negligent if he fails to exercise due care
have undergone formal education.
and precaution in the commission of such
acts.
4. Nature of acti5it*
! There are activities which by nature
NOTES:
impose duties to exercise a higher
degree of diligence.
CIVIL LAW COMMITTEE
R#odora
*errer)Nill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a EliLa# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
Pur(anan)/TD+,
About Press Blog People Papers Academia Letters Job Board We're Hiring! Help Center
Terms Privacy Copyright Academia ©2022

Untitled 74

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Untitled 74

Uploaded by

Copyright:

Available Formats

78

TORTS AND DAMAGES

Original PDF (64 minute read) Summary NEW

San Beda College of Law

MEMORY AID IN CIVIL LAW

TORTS AND DAMAGES

natural outgrowth or incident. !negligence"

CIVIL LAW COMMITTEE

San Beda College of Law

MEMORY AID IN CIVIL LAW

! If not then he is guilty of

Essential Re!uisites for a !uasi%

San Beda College of Law

MEMORY AID IN CIVIL LAW

Terms Privacy Copyright Academia ©2022

You might also like