TORTS AND DAMAGES

Description: The course focus on the analysis of the law on quasi-delicts as well
as the nature, classes and extent of damages. It includes discussions on the principle
of Abuse of Rights under the civil code provisions on Human Relations. The course
explicitly integrates medical jurisprudence.

A. Torts
1. Origin and Meaning
2. Reason and Purpose
3. Elements
4. Culpa aquiliana v. culpa contractual v. culpa criminal
B. Quasi Delict
1. Concept
2. Elements
3. Vicarious liability
4. Res ipsa loquitur
a. Nature of Medical Malpractice
b. Hippocractic Oath
5. Last clear chance
6. Damnum absque injuria
C. Proximate cause
1. Theories
2. Contributory Negligence
D. Negligence
1. Concept
2. Standard of care
3. Presumptions
E. Human Relations
1. Articles 19-36 of the New Civil Code, as amended
F. Damages
1. General provisions
2. Concept of damages
3. Damage v. Damages
4. Kinds of damages
5. Purpose
6. In case of death