Basic introduction of the Tort Law

THE GENERAL CONCEPT OF TORT LAW 

Tort is an American concept

1. Quasi-delict
2. Culpa aquiliana
3. Extra-contractual culpa

Quasi-delict

“Whoever by act of omission causes damage to another, there being no

fault of 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.
ELEMENTS OF QUASI-DELICTS

An act or omission by the one complained of (the respondent or

defendant)

o Omission is the failure to do what a person is supposed to do

Fault or negligence by the one complained of (the respondent or

defendant) there should be fault or negligence

o Negates the existence of intent

o Lack of foresight

Damage or injury on the one complaining

o Damage or injury is always an element in civil cases because you

need to establish that you are the injured party and that’s why the
action is taken.
o One of the more important elements

Absence of a pre-existing contractual relations between the persons

involved

o If there were a pre-existing contract, any act or omission caused

by the fault or negligence of the respondent or defendant is
governed by the provisions of the contract
o In quasi-delict there should be no pre-existing contract
o Not a hard and fast rule as there are cases ruled by the Supreme
Court that sets the exceptions where respondent or defendant was
still held liable even with the existence of a contractual relations
due to negligence.
NEGLIGENCE

 Is defined as the failure to observe the degree of diligence

required by law.
Elements of Negligence:

1. Failure
2. Degree of diligence required by law

EXAMPLES:

1. Diligence required for common carriers

o Must be extraordinary diligence
o The function or the role of a common carrier, or the obligation, is
to transport a person from one point to another, and it is offered
to the public. Hence, a common carrier must be cautious
because  the law required that degree of diligence for a specific
situation, otherwise everyone will be reckless.
2. Diligence of a good father of a family
o If the law is silent on the degree of diligence required then it must
be the diligence of a good father of a family
RULES ON NEGLIGENCE

1. Sole negligence

o When the one complained of (the respondent or or

defendant) is the sole reason why there was fault of injury
based on his sole negligence
o Said person is the only one liable

2. Contributory Negligence

o When the one complaining contributes to the damage or

injury
o In this case, mitigation of the damages is to be given

Ex.  For example, if the plaintiff turned left at a signal, but

did not have their turn signal on and was hit by a defendant
who was speeding, both parties did not act reasonably in the
circumstances and are both partly to blame.

3. If the fault or negligence of the person complaining is the

immediate and proximate cause of the damage or injury,
recovery of damages is not allowed.