Torts Mid Terms Reviewer
Torts Mid Terms Reviewer
Torts Mid Terms Reviewer
3. malicious acts - defined not only as relating to Prima Facie Tort Doctrine
the intentional commission of a wrongful act, but - the infliction of intentional harms resulting in
also as involving wickedness, depravity and evil damage without excuse or justification by an act or
intent. a series of acts which would otherwise be lawful.
* there is no liability in tort for doing a lawful act
even though it is done for the malicious purpose of
injuring another party, where there are also Doctrine of absolute or strict liability
legitimate reasons for doing the act. - the actor, realizing the hazard of his undertaking
nevertheless assumes the risk connected therewith
4. willful and wanton act and, notwithstanding he is free from all wrong, and
willful act - one done intentionally, or on purpose, has used utmost care, he nevertheless is liable for
and not accidentally and willfulness implies any invasion of the person or property rights of
intentional wrongdoing another.
wanton act - wrongful act done on purpose or in
malicious disregard of the rights of others QUASI - DELICTS
5. willful or wanton negligence - imports Article 2176. Whoever by act or omission causes
premeditation or knowledge and consciousness damage to another, there being fault or
that injury is likely to result from the act done or negligence, is obliged to pay for the damage done.
from the omission of the act. Such fault or negligence, if there is no pre-existing
contractual relation between the parties, is called a
6. Acts arising out of a contractual relationship quasi-delict and is governed by the provisions of
this Chapter. (1902a)
PARTICULAR TYPES OF TORTS
1. General types *Fault - when a person acts in a manner contrary
a. culpable and intentional acts resulting in harm to what should have done.
b. acts involving culpable and unlawful conduct
casing unintentional harm
Licuanan, Apple Jade S.
Torts reviewer - midterms ( Atty. Ever Rose Higuit)
only juridical fault, but not moral fault gives rise to or of one for whose acts he must respond and the
liability for damages. lack of charity or altruism, damages suffered by him
constituting moral fault, does not constitute quasi-
delict. As a rule, negligence is not presumed. Mere
suspicion, surmise or speculation cannot be the
* The fault referred to Art. 2176 is a fault basis of an award for damages. where, however,
substantive and independent which in itself is a negligence is presumed by law, , the burden of
source of obligations and is also known as culpa proving its non existence is shifted to the party to
aquilana as distinguished from culpa contractual. If whom the presumption applies.
the fault is committed intentionally to cause
damage to another, it becomes a dolo punished as CULPA AQUILANA VS. CULPA CONTRACTUAL
a crime by the RPC. 1.culpa aquilana- is the wrongful act or omission
which of itself is the source of the obligation
Negligence - failure to observe for the protection separate from, and independent of, contract
of the interests of another person, that the degree culpa contractual - act or omission considered as
of care, precaution and vigilance which the an incedent in the performance of an obligation
circumstances justly demand whereby such already existing and which constitutes a breach
another person suffers injury. thereof
Distinction between fault and negligence a. where liability arises from culpa aquilana, not a
A Person guilty of negligence is necessarily at fault, breach of positive obligation, an employer or
but there may be fault without negligence as here master may excuse himself under the last
the damage or injury resulting from the wrongful paragraph of Article 2180 by proving that he had
act or omission as cause wilfully and not by reason exercised " all diligence of a good father of a family
of lack of care. to prevent damage"
No Duty to Act Rule b. in culpa aquilana, the plainitff has the burden of
Unless the defendant has assumed a duty to act, or proving that the defendant was at fault or
stands in a special relationship to the plaintiff, negligent.
defendants are not liable in tort for a pure failure
to act for the plaintiffs benefit. in culpa contractual, it is not necessary for the
plaintiff to plead or prove that the violation of the
REQUISITES OF QUASI-DELICT contract was due to fault or negligence.
1. act or omission by the defendant
2. fault or negligence of the defendant c. culpa aquilana- there is no preseumption that
3. damage or injury caused to the plaintiff the defendant was at fault or negligent
4. there must be a direct relationship or connection
of cause and effect between the act or omission Culpa contractual - the mere proof of the existence
and the damage of the contract and its breach raises such
5. no pre-existing contractual relation between the presumtion that the burden is on the defendant to
parties prove that he was not at fualt or negligent.
2. Crime - there are 2 liabilities: criminal and civil Article 2178. The provisions of articles 1172 to
QD - there is only civil liability 1174 are also applicable to a quasi-delict. (n)
Fortuitous Event
Licuanan, Apple Jade S.
Torts reviewer - midterms ( Atty. Ever Rose Higuit)
Requisites:
Article 1174. Except in cases expressly specified by 1. plaintiff had actual knowledge of the danger
the law, or when it is otherwise declared by 2. he understood and appreciated the risk form the
stipulation, or when the nature of the obligation danger
requires the assumption of risk, no person shall be 3. he voluntarily exposed himself to such risk
responsible for those events which could not be
foreseen, or which, though foreseen, were
inevitable. (1105a) Article 2179. When the plaintiff's own negligence
was the immediate and proximate cause of his
Fortuitous Event - any event which cannot be injury, he cannot recover damages. But if his
foreseen, or which though foreseen, is inevitable. it negligence was only contributory, the immediate
is an event which is either impossible to foresee or and proximate cause of the injury being the
impossible to avoid. defendant's lack of due care, the plaintiff may
recover damages, but the courts shall mitigate the
Fortuitous Event vs. Force Majeure damages to be awarded. (n)
Fortuitous Event - event independent of the will of Effect of negligence on the part of the injured
the obligor but not of other men (Acts of Men) party
Force Majeure - those events which are totally Negligence merely contributed to the injury - to
independent of the will of every human being (Acts be entitled to the damages, the law does not
of God) require that the negligence of the defendant
should be the sole cause of the damage.
Requisites of Fortuitous Event
There is a contributory negligence on the part of
1. Event must be independent of the human will or the injured party where his conduct has
at least the obligor's will contributed, as a legal cause to the harm he has
suffered, which fall below the standard to which he
2. the event could not be foreseen or if foreseen, is required to conform for his own protection.
must have been impossible to avoid
Legal cause of damage, harm or injury
3. Event must be of such a character as to render it
impossible for the obligor to comply with his A person claiming damages for the fault or
obligation in a normal manner negligence of another has the burden of
establishing at least 3 conditions:
4. Obligor must be free from any participation in,
or the aggravation of the injury to the obligee 1. fault or negligence of the defendant
2. Damage, harm or injury to the plaintiff
Doctrine of assumption of risk 3. Connection of cause and effect between the
fault or negligence and the damage.
Meaning - assumption of risk may be invoked as a
complete defense by the defendant in a quasi- Proximate cause
delictual action. it assumes that a plaintiff who - that cause which in natural and continuous
voluntarily assumes a risk of harm from the sequence, unbroken by any efficient intervening
negligent conduct of the defendant cannot recover cause, produces the injury, and without which the
from such harm. result would not have occurred.
Scope of liability
Article 2180. The obligation imposed by article 1. minor children who live in their company
2176 is demandable not only for one's own acts or 2. minor child is already married and minor is not
omissions, but also for those of persons for whom living with parents if the separation of unjustifiable
one is responsible. because of the failure of the parents to properly
The father and, in case of his death or incapacity, exercise their parental authority and responsibility.
the mother, are responsible for the damages
caused by the minor children who live in their Respondent superior - negligence
company. Vicarous libility - liability
Guardians are liable for damages caused by the
minors or incapacitated persons who are under Article 2181. Whoever pays for the damage caused
their authority and live in their company. by his dependents or employees may recover from
The owners and managers of an establishment or the latter what he has paid or delivered in
enterprise are likewise responsible for damages satisfaction of the claim. (1904)
caused by their employees in the service of the
branches in which the latter are employed or on Does not concern on either joint or solidary
the occasion of their functions. liability.
Employers shall be liable for the damages caused
by their employees and household helpers acting
Licuanan, Apple Jade S.
Torts reviewer - midterms ( Atty. Ever Rose Higuit)
-persons enumerated under 2180 are given the has been negligent if at the time of the mishap, he
right to seek reimbursement from the author for was violating any traffic regulation. (n)
"what he has paid of or delivered in satisfaction of
the claim " of the plaintiff. Article 2186. Every owner of a motor vehicle shall
file with the proper government office a bond
Article 2182. If the minor or insane person causing executed by a government-controlled corporation
damage has no parents or guardian, the minor or or office, to answer for damages to third persons.
insane person shall be answerable with his own The amount of the bond and other terms shall be
property in an action against him where a guardian fixed by the competent public official. (n)
ad litem shall be appointed. (n)
Article 2187. Manufacturers and processors of
foodstuffs, drinks, toilet articles and similar goods
Article 2183. The possessor of an animal or shall be liable for death or injuries caused by any
whoever may make use of the same is responsible noxious or harmful substances used, although no
for the damage which it may cause, although it contractual relation exists between them and the
may escape or be lost. This responsibility shall consumers. (n)
cease only in case the damage should come from
force majeure or from the fault of the person who This is one of the exceptions to the general rule
has suffered damage. (1905) that negligence is not presumed.