Jurists Human Relations Notes, Torts and
Damages
Tort
- violation of private right, not created by
contract which give rise to an action of damages
- A wrong which creates the obligation
If no violation of a private, no damages
can be recovered
Conducts in Torts
1. Intentional
2. Negligence
3. Strict Liability- act or omissions which is
independent of fault or negligence. The liability
is imposed by law provided that certain
circumstances are presetnt
- Product liability- Liability of manufactures in a
defective product
- Liability of possessor of animals although may
escape or be lost
- Head of a family for things thrown or falling
from bldngs
- Injury of an employee in the course of
employment even if due to accident or
fortuitous event
- Nuisance
Art2176: MEMORIZE
If it is a Maritime Tort, code of commerce
applies
(2 vessels collided in high seas,
2 bangkas collided in the river,
provision of the Civil Code on quasi delict
applies bcus the claim is not maritime tort. The
code of commerce speaks of sea going vessels
If your liability is based on the breach of
provision- Liability based on the contract
Tort concurrent with a contract
- breach of contract of carriage
- re: concurrence of action
Product Liability
- No liabiliy if there is no proof that the vehicle
was defective upon its manufacture. The
alteration in the vehicle’s rear axie after the
vehicle was sold is a substantial change in the
vehicle’s condition
-2nd hand vehicle will not cover product liability
of the manufacturer.
Art26: Violation to right of privacy of another
1. Intrusion: prying, meddling into the privacy of
another’s residence
2. False right
3. Publication of private rights
4. Appropriation of likeness or being: to make it
appear that someone is endorsing something.
(commercial appropriation of likeness or being,
using your identity etc)
If your neighbor place a camera
directly at your house, to what’s happening in
your house is a violation of your privacy.
Prying into the privacy of the one’s
residence covers places, locations or even
situations which individuals considered as
private. It covers business offices.
Kahit office, pag nilagyan mo ng
camera at kahit yung camera hindi papasok sa
office, kahit nadoon lang sa house mo, violates
right to privacy
Can you inspect people entering a mall,
terminal? Yes. Bcus “A person’s expectation of
privacy is diminished whenever he enters
private premises that is accessible to the public
(malls, terminals, cinemas)”
Public figures have less expectation of their
privacy
Art2176: Whoever by act or omission causes
damage to another, there being fault or
negligence is obliged to pay for the damage
done
- Covers negligent or intentional act
Negligence is a conduct and not a state of mind.
The court will examine not what you think but
what you did.
Test: Did the defendant in doing the alleged
negligent use the reasonable care and caution
which the ordinarily prudent person would have
used in the same situation?
-Forseeability of harm or sort of damage. Not
needed to be specific
- Circumstances to consider in the absence or
presence of negligence:
1. Time (Night time/ day time)
2. Place
3. Emergency rule
4. Social value
5. Children
Intoxication- negligence is presumed

Poof of Negligence
1. Violation of Statute
- Negligence per se
2. Res ipsa Loquitor
3. Presumptions
a) Art2184- Twice in the preceding
article
b) Art2185- Violation of traffic rules
c) Art2188- dangerous weapons or
substance

Vicarious Liability
- E-ER relationship is not necessary
-Liability for quasi-delict of employee
-Performance of assigned task when the
damaged was caused
-Registered owner rule: you can sue the person
whose name appears in the registration of the
motor vehicle. It does not matter if he is the
operator
-ER is liable whether or no engaged in some
industry or not
-It does not matter whether ER is inside or
outside the car

Defenses
1. Contributory negligence of the victim
2. Avoidable consequences: there is already
damage
3. Fortuitous event
4. Assumption of risk
5. Prescription

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