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C I V I L L A W R E V I E W E R T O R T S A N D D A M A G E S MEMORY AID A. ELEMENTS OF QUASI DELICT/TORTS 1. act or omission 2. damage or injury is caused to another 3. fault or negligence is present 4. there is no pre-existing contractual relations between the parties 5. causal connection between damage done and act/omission B. DISTINGUISHED FROM OTHER SOURCES OF OBLIGATION: CONTRACT QUASI DELICT DELICT Vinculum Contract Negligent act/ omission Act/omission committed Juris (culpa, imprudence) by means of dolo (deliberate, malicious, in bad faith) Proof Needed Preponderance evidence of Preponderance evidence of Proof beyond reasonable doubt
Defense available
Exercise of Exercise of diligence of extraordinary good father of a diligence (in family in the contract of selection and carriage), Force supervision of Majeure employees There is pre-existing No pre-existing contract contract Contractual party. Prove Victim. Prove the ff.: the ff.: 1. damage No pre-existing contract
C. CIVIL LIABILITY IN QUASI-DELICT vs. DELICT DIFFERENCE QUASI-DELICT Liability of Employer Solidary Reservation Requirement
DELICT Subsidiary
Civil aspect of the quasi-delict is Civil aspect is Impliedly instituted impliedly instituted with criminal with criminal action action, but under 2000 Crimpro Rules it is independent and separate Not a bar to recover civil damages Not a bar to recover civil damages EXCEPT when judgement pronounces that the negligence from which damage arise is nonexistent
D. WHAT MUST BE PROVED 1. Negligence - In action for Quasi Delict, plaintiff must prove negligence of defendant Exception:
C I V I L L A W R E V I E W E R T O R T S A N D D A M A G E S MEMORY AID
b. Principle of res ipsa loquitur (the thing speaks for itself) - grounded on the
2. difficulty in proving thru competent evidence, public policy considerations Damage/injury
3.
Causal connection between negligence and damage (to be actionable) -Defendants negligence must be the proximate cause of the injury sustained by the plaintiff to enable plaintiff to recover. Thus, if plaintiffs own conduct is the cause of the injury there can be no recovery. *** If plaintiff's negligence is only contributory he is considered partly responsible only, may still recover from defendant but must be reduced by the courts in proportion to his own negligence Concept of proximate cause the adequate and efficient cause which in the natural order of events and under the particular circumstances surrounding the case, would naturally produce the event E. DEFENSES: 1. CONTRIBUTORY NEGLIGENCE - the theory here is that the plaintiff was also negligent together with the defendant; to constitute a defense, proximate cause of injury/damage must be the negligence of defendant 2. CONCURRENT NEGLIGENCE - the theory here is that both parties are equally negligent; the courts will leave them as they are; there can be no recovery 3. DOCTRINE OF LAST CLEAR CHANCE - even though a persons own acts may have placed him in a position of peril and an injury results, the injured is entitled to recover if the defendant thru the exercise of reasonable care and prudence might have avoided injurious consequences to the plaintiff. *** This defense is available only in an action by the driver or owner of one vehicle against the driver or owner of the other vehicle involved. Elements: a. plaintiff was in a position of danger by his own negligence b. defendant knew of such position of the plaintiff c. defendant had the least clear chance to avoid the accident by exercise of ordinary care but failed to exercise such last clear chance and d. accident occurred as proximate cause of such failure Who may invoke: plaintiff Inapplicable to: 1. joint tortfeasors 2. defendants concurrently negligent 3. as against 3rd persons
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EMERGENCY RULE a person is not expected to exercise the same degree of care when he is compelled to act instinctively under a sudden peril because a person confronted with a sudden emergency may be left with no time for thought and must make a speedy decision upon impulse or instinct Applicable only to situations that are sudden and unexpected such as to deprive actor of all opportunity for deliberation But action must still be judged by the standard of the ordinary prudent man Absence of forseeability
5.
DOCTRINE OF ASSUMPTION OF RISK Volenti non fit injuria Intentional exposure to a known danger One who voluntarily assumed the risk of an injury from a known danger cannot recover in an action for negligence or an injury is incurred Plaintiffs acceptance of risk (by law/contract/nature of obligation) has erased defendants duty so that his negligence is not a legal wrong Applies to all known danger
C I V I L L A W R E V I E W E R T O R T S A N D D A M A G E S MEMORY AID
6. 7.
DUE DILIGENCE diligence required by law/contract/depends on circumstances of persons, places, things FORTUITOUS EVENT - no person shall be responsible for those events which cannot be forseen, or which through forseen were inevitable Exception: assumption of risk
8. 9.
DAMNUM ABSQUE INJURIA a principle that involves damage without injury, therefore no liability is incurred; there is no legal injury LAW specific provision of law
10. EXERCISE OF DILIGENCE OF GOOD FATHER OF FAMILY IN SELECTION AND SUPERVISION OF EMPLOYEES 11. PRESCRIPTION Injury to right of plaintiff/quasi delict - 4 years Defamation - 1 year *** When no specific provision, must be counted from the day they may be brought
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PROSCRIPTION AGAINST DOUBLE RECOVERY - Responsibility for fault or negligence under quasi-delict is entirely separate and distinct from civil action arising from the RPC but plaintiff cannot recover damages 2x for same act or omission of the defendant
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OTHER GROUNDS MOTION TO DISMISS a. lack of jurisdiction over person of defendant b. lack of jurisdiction over subject matter c. venue improperly laid d. plaintiff has no legal capacity to sue e. there is another action pending between same parties for same cause f. cause of action is barred by prior judgement /statute of limitations g. pleading asserting claim states no cause of action h. claim set forth in pleading has been paid, waived, abandoned, extinguished i. claim is unenforceable under the provision of statute of fraud j. condition precedent for filing claim has not been complied with
F. PERSONS LIABLE FOR QUASI DELICT 1. TORTFEASOR - Whoever by act or omission causes damage to another, there being no fault or negligence is obliged to pay for the damage done (art 2176). 2. PERSONS VICARIOUSLY LIABLE the obligation imposed in 2176 is demandable not only for ones own act or omission but also for those persons for whom one is responsible (art 2180). VICARIOUS LIABILITY law on imputed negligence; a person who himself is not guilty of negligence is made liable for conduct of another Reason: 1. public policy deeper pocket/capacity to pay 2. violation of duty on account of relationship he is negligent a) PARENTS - The father, and in case of his death or incapacity, the mother are responsible for damage caused by: i. minor children ii. who live in their company Note: Father and Mother shall jointly exercise parental authority over common children. In case of disagreement, father's decision shall prevail (art 211).
C I V I L L A W R E V I E W E R T O R T S A N D D A M A G E S MEMORY AID
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C I V I L L A W R E V I E W E R T O R T S A N D D A M A G E S MEMORY AID if culprit is a stranger, follow PSBA ruling (sue school based on contract) c) if culprit is a student - apply 2180 2. does 2180 apply to school of arts & trades only? No. applies to all including academic institution per weight of jurisprudence based on obiter of Justice JBL Reyes in the Exconde case 3. basis of liability of teacher principle of loco parentis (stand in place of parents) 4. so long as they remain in their custody not literal anymore; before: boarding & living with teacher due to peculiar characteristic of trade & arts school
b)
as long as they are in the protective, supervisory capacity of teacher special parental authority 3. PERSONS EXPRESSLY MADE LIABLE BY LAW (even without fault) a. POSSESSOR OF AN ANIMAL OR WHOEVER MAKES USE OF THEM EVEN IF THE ANIMAL IS LOST OR ESCAPED Except: 1. Force majeure 2. Fault of the injured/damaged person b. OWNER OF MOTOR VEHICLE - In motor vehicle mishap, the owner is solidarily liable with the driver if: 1. he was in the vehicle, and 2. could have through due diligence prevented the misfortune c. MANUFACTURERS & PROCESSORS OF FOODSTUFFS, DRINKS, TOILET ARTICLES & SIMILAR GOODS - they are liable for death and injuries caused by any noxious or harmful substances used although no contractual relation exists between them and the consumers d. DEFENDANT IN POSSESSION OF DANGEROUS WEAPONS OR SUBSTANCES, SUCH AS FIREARMS AND POISON - there is prima facie presumption of negligence on the part of defendant if death or injury results from such possession Exception: The possession or use thereof is indispensable in his occupation or business e. PROVINCES, CITIES & MUNICIPALITIES - shall be liable for damages for the death or injuries suffered by any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision f. PROPRIETOR OF BUILDING OR STRUCTURE - responsible for the damages resulting from any of the ff.: i. total or partial collapse of building or structure if due to lack of necessary repairs ii. explosion of machinery which has not been taken cared of with due diligence, and the inflammation of explosive substances which have not been kept in a safe and adequate place iii. by excessive smoke, which may be harmful to persons or property iv. by falling of trees situated at or near highways or lanes, if not caused by force majeure v. by emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place g. ENGINEER, ARCHITECT OR CONTRACTOR - if damage of building or structure is caused by defect in construction which happens within 15 years from construction; action must be brought within 10 years from collapse h. HEAD OF FAMILY THAT LIVES IN A BUILDING OR PART THEREOF - liable for damages caused by things thrown or falling from the same
C I V I L L A W R E V I E W E R T O R T S A N D D A M A G E S MEMORY AID G. SPECIAL TORTS 1. Art 19, 20, 21 (catch-all provision) a. ABUSE OF RIGHTS (Art 19) ELEMENTS: i. There is a legal right or duty ii. Which is exercised in bad faith iii. For the sole intent of prejudicing or injuring another b. GENERAL SANCTION (Art. 20) - for all other provisions of law which do not especially provide their own sanction ELEMENTS: i. In the exercise of his legal right or duty ii. Willfully or negligently causes damage to another c. CONTRA BONUS MORES (ART 21) ELEMENTS: i. There is an act which is legal ii. But which is contrary to morals, good custom, public order or public policy iii. And it is done with intent to injure
2. UNJUST ENRICHMENT
- Arts. 22, 23, 2142 & 2143
5. UNFAIR COMPETITION
- Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit. Machination or other unjust, oppressive or highhanded method (Art 28) 7. MALICIOUS PROSECUTION ELEMENTS;
C I V I L L A W R E V I E W E R T O R T S A N D D A M A G E S MEMORY AID a. that the defendant was himself the prosecutor/ he instigated its commencement b. that it finally terminates in his acquittal c. that in bringing it the prosecutor acted without probable cause, and d. that he was actuated by legal malice, that is, by improper and sinister motive 8. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON 9. NUISANCE a. DEFINITION - any act, omission, establishment, condition of property, or anything else which: i. injures or endangers the health or safety to others, or ii. annoys or offends the senses, or iii. shocks, defies, or disregards decency or morality, or iv. obstructs or interferes with the free passage of any public highway or streets, or any body of water v. hinders or impairs use of property b. KINDS: NUISANCE PER SE - denounced as nuisance by common law or by statute NUISANCE PER ACCIDENS - those which are in their nature not nuisances, but may become so by reason of their locality, surroundings, or the manner in which they may be conducted, managed, etc. PUBLIC - affects a community or neighborhood or any considerable number of persons REMEDIES AGAINST PUBLIC NUISANCES 1. Prosecution under the RPC or any local ordinance 2. Civil action 3. Abatement, without judicial proceeding WHO MAY AVAIL OF REMEDIES 1. Public officers 2. Private persons - if nuisance is specially injurious to himself; the ff. steps must be made: i. demand be first made upon owner or possessor of the property to abate the nuisance ii. that such demand has been rejected iii. that the abatement be approved by the district health officer and executed with the assistance of local police iv. that the value of destruction does not exceed P3,000 PRIVATE - one that is not included in the foregoing definition; affect an individual or a limited number of individuals only REMEDIES AGAINST PRIVATE NUISANCES (1). Civil action (2). Abatement, without judicial proceedings WHO MAY AVAIL OF REMEDIES (1). Public officers (2). Private persons - if nuisance is specially injurious to himself; the ff. steps must be made: i. demand be first made upon owner or possessor of the property to abate the nuisance ii. that such demand has been rejected iii. that the abatement be approved by the district health officer and executed with the assistance of local police iv. that the value of destruction does not exceed P3,000
C I V I L L A W R E V I E W E R T O R T S A N D D A M A G E S MEMORY AID
H. DAMAGES Kinds of Damages: (MENTAL) MORAL EXEMPLARY NOMINAL TEMPERATE ACTUAL LIQUIDATED
1. ACTUAL/COMPENSATORY
- adequate compensation for a) the value of loss suffered b) profits which obligee failed to obtain Exception: a. provided by law b. by stipulation WHAT MUST BE DONE TO COLLECT ACTUAL DAMAGES: 1.) Plead or allege the loss GENERAL DAMAGE - natural, necessary and logical consequences of a particular wrongful act which result in injury; need not be specifically pleaded because the law itself implies or presumes that they resulted from the wrongful act SPECIAL DAMAGES - damages which are the natural, but not the necessary and inevitable result of the wrongful act; need to be pleaded 2.) Pray for the relief that claim for loss be granted 3.) Prove the loss WHEN LOSS NEED NOT BE PROVED: 1.) Liquidated damages previously agreed upon; liquidated damages take the place of actual damages except when additional damages incurred 2.) If damages other than actual are sought 3.) Loss is presumed (ex: loss if a child or spouse) 4.) Forfeiture of bonds in favor of the government for the purpose of promoting public interest or policy (ex: bond for temporary stay of alien)
C I V I L L A W R E V I E W E R T O R T S A N D D A M A G E S MEMORY AID CONTRACTS & QUASI CONTRACTS 1. Damages in case of Good faith a. Natural and probable consequence of breach of obligation, and b. Parties have forseen or could have reasonably forseen at time obligation was constituted 2. Damages in case of bad faith a. it is sufficient that damages may be reasonably attributed to the non-performance of the obligation CRIMES & QUASI-CRIMES defendant is liable for all damages that are natural and probable consequence of the act/omission complained of not necessary that damages have been forseen or could have been reasonably forseen
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C I V I L L A W R E V I E W E R T O R T S A N D D A M A G E S MEMORY AID
5. LIQUIDATED DAMAGES
- those agreed upon by the parties to a contract, to be paid in case of breach thereof
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C I V I L L A W R E V I E W E R T O R T S A N D D A M A G E S MEMORY AID WHEN LIQUIDATED DAMAGES MAY BE EQUITABLY REDUCED: a. iniquitous or unconscionable b. partial or irregular performance