NATURE AND CHARACTERISTICS DYTEBAN VS. CHING PICART VS. SMITH RAKES VS. AG AND P ASSOICATED BANK VS.

TAN YLARDE VS. AQUINO SD MARTINEZ VS. BUSKIRK ABIAD VS. ALBAYDA STANDARD

When can it be said that he did not observe the diligence required of him? Picart casethere is omission of diligence if a. Foreseeability of harm b. Failure to observe the necessary precaution dependent upon circumstances of person, place and time What if foreseeable, what precaution? Dependent on person, time, and place No minimum standard of care? Good father of the family. So, is it possible to say that there is a minimum standard of diligence and hence, you cannot prescribe a lower standard of diligence? No answer yet; study on this part Reasonable caution that a prudent would exercise? The hand test (Judge Learned Hand) =if (burden < cost of injury x probability of occurrence) then the accused will not have met the standard of care required =if (burden > or = cost of injury x Probability of occurrence) then the accused may have met the standard of care Video game case -not a case of negligence because there is no element of foreseeability of the harm; idiosyncratic reactions are not legally foreseeable. Would be to stretch the concern of foreseeablility to lenghts that would deprive them of all normal meaning BURDEN OF PROOF: GENERAL RULE EXCEPTIONS UNDER THE LAW RES IPSA LOQUITOR DEFINITION REQUISITES CONTROL AFRICA VS. CALTEX LAYUGAN VS. CA RATIONALE AND APPLICATION As a general rule, the person who alleged negligence must prove the same Presumption of negligence

a. Article 2184you need to prove that he is violating traffic regulations twice within two months b. Article 2815found violating traffic regulations, then presumed to be negligent; make sure that he is riding a motor vehicle or else, it would not apply Case of Kapalaran Bus Lineexample: those travelling with national highway has the right of waylthose on the feeder road Case of Mendozaexample: travel regulation that you cannot abandon a victim of a hit and run accident What do you need to establish? Traffic violation; but make sure that it is a motor vehicle because if it was a bicycle, then it is not applicable because it is inferior in power and strength compared to the motor vehicle Case of Anonuevothe one riding the bicycle was swiped by motor vehicle c. Res ipsa loquitorbasis is not law but an evidentiary presumption; Case of Layuganthe nature of res ipsa loquitor: rule of evidence; not a rule of substantive law but a mode of proof or a mere procedural convenience. The doctrine can be invoked when and only when, under the circumstances involved, direct evidence is absent and not readily available Because if there is evidence and you did not present it, you cannot cure the defect. Remember: you can only apply this if there is no evidence available. Very important so read this case NEGLIGENCE MUST BE THE PROXIMATE CASUE SITUATIONAIRE DEFINTION IMMEDIATE, INTERVENING CASUES HOW DETERMINED BPI VS. SUAREZ He who alleges negligence must prove the same Presumption can be found under the law or evidentiary presumption What is proximate cause? Sanitary steam laundry case: even if presumption is proved but that negligence is not shown to be proximate cause, then there would still be no negligence. There was a presumption of negligence because of traffic regulations, 2 head lights but he only had one. Whether or not there were 2 head lights, the incident would still have happened. In other words, it is not enough that there is negligence. You must prove that this negligence is the proximate cause So, what is proximate cause? Sample case of unmaintained fire extinguisher