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Finals Notes

The document outlines different kinds of torts, focusing on strict liability torts, which impose liability without fault for acts that pose a risk to others. It details the legal responsibilities of possessors and users of animals under Article 2183 of the NCC, emphasizing that liability exists even if the animal escapes or is lost, with certain limitations. Additionally, it discusses the responsibilities of the head of a family for damages caused by objects from their residence and introduces product liability under Articles 1711 and 1712 of the NCC.

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28 views10 pages

Finals Notes

The document outlines different kinds of torts, focusing on strict liability torts, which impose liability without fault for acts that pose a risk to others. It details the legal responsibilities of possessors and users of animals under Article 2183 of the NCC, emphasizing that liability exists even if the animal escapes or is lost, with certain limitations. Additionally, it discusses the responsibilities of the head of a family for damages caused by objects from their residence and introduces product liability under Articles 1711 and 1712 of the NCC.

Uploaded by

Blaise VE
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

FINALS

DIFFERENT KINDS OF TORTS

1. Strict Liability Torts


2. Intentional Torts
3. Torts with Independent Civil Actions
4. Kindred torts
5. Other Torts under the Civil Code

Strict Liability Torts

 Liability without fault. (lawful)


 Acts, though lawful, are so fraught with possibility of harm to others that the law treats them as
allowable of insuring the public against injury
 Basis: International behavior in exposing the community to abnormal risks.
 Purpose: To regulate those activities that are useful and necessary but that create abnormally
dangerous risk to society.

“Strict”

1. It is unnecessary to prove the defendant’s negligence.


2. Generally, there are no defenses in strict liability torts. This is committed even if reasonable care
was exercised and regardless of the state of mind of the actor at that time
3. Neither care nor negligence, neither good nor bad faith, neither knowledge nor ignorance will save
the defendant.

Article 2183, NCC


The possessor of an animal or whoever may make use of the same is responsible for the damage which
it may cause, although it may escape or be lost. This responsibility shall cease only in case the damage
should come from force majeure or from the fault of the person who has suffered damage.

 Use / Possession of animals is deemed lawful.


 However, there is always that possibility that you create an abnormal dangerous risk to the
society.

Persons liable:

1. Possessor of the animal; or


2. User of the anima/s

Basis (Vestil vs. IAC, 1989)

Based on natural equity and on the principle of social interest that he who possesses animals for
utility, pleasure or service must answer for the damage which may be caused by such animal even if
such damage was not due to their fault or negligence.

Scope of Liability

a.Art. 2183 holds the possessor liable eve if the animal should “escape or be lost” and so be
removed from his control
b.Art. 2183 does not make any distinction as to whether the animals are ferocious or tame.

Limitations under Art. 2183 (Possessor / User is not liable)


1.If Damage is caused by the animal is due to force majeure
2.From the fault of the person who has suffered damage.

Art. 2193, NCC


The head of a family that lives in a building or a part thereof, is responsible for damages cause by
things thrown or failing of the same.

Persons Liable

1.Head of the family refers to the father


o Under the FC, the management of the household is now the right and duty of both
spouses.
o IN case of a family consisting of unmarried brothers or sisters, the head of the family is
one whom the family depends for lead support.
o Not limited to the owner of the building, it may even include the lessee thereof.
(Dingcong vs. Karaan)

Art. 1711, 1712, NCC


 Also known as product liability
 Recipient can go against the Manufacturer
\
 Under the Consumer Act of the Philippines

 B - defect transpired after its place to the market

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