13 provisions

49 pages - book
19 weeks

Quasi Delict
Whoever by act or ommission cause damage to another, there being fault or
negligence is obliged to pay for the damage done. Such fault or negligence, if
there is no pre-existing contractual relation between the parties, is called a
quasi delict.

Quasi Delict elements

1) An act or omission constitute fraud or negligence
2) Damage caused by said act or omission
3) The causal relation between the damages and the act or omission

Kinds of Delict
Culpa contractual
Culpa Aquillana
Culpa Criminal

Tort
Private or civil wrong except breach of contract

Test of negligence
Passenger, vessel - Ordinary Diligence.
This level of diligence is the diligence which "an ordinary prudent man would
exercise with regard to his own property.

Ordinary or reasonable care

The care which a man of ordinary prudence would use under similar circumstances, to
avoid injury.

Common carrier - extra ordinary diligence

Guardians, owners, managers, employers, the state when it acts through a special
agent, teachers, head of the establishment - good father of the family

Negligent acts
Art. 19-35
Art. 2142 - 2175 *2144

Good faith is presumed, and he who alleges bad faith has the duty to prove the same

No presumption of negligence: Culpa Aquilla

Presumed negligence:
Common carriers
motor vehicle mishap - and if he is violating any traffic rules
death or injury results from his possession of dangerous weapons or substance
culpa contractual
doctrine res epsa siqiutor, the thing speaks for itself

Prescription - 4 years

contributory negligence
proximate
last clear chance
children diligence
- both are negligence
- last to create negligence

last clear chance burden of proof

res ipsa siquitor - mode of proving,

causal connection - proximate cause of the art. 2185

vicarous or imputed liability