Torts Reviewer
Torts Reviewer
CONCEPT OF PERSONAL INJURY IN TORT LAW Legal duty - which the law requires to be done or forborne to a
- it embrace all actionable injuries to the individual himself. it may determinate person or to the public.
denote an injury affecting the reputation, character, conduct,
manner and habits of a person. Motive - impelling force or underlying or subjective reason for
doing an act, or the mental state or force which induces an act of
DEFINITION OF INJURY, DAMAGES AND DAMAGE violation
1. Injury - illegal invasion of a legal right
2. damage - loss, hurt, or harm which results from the injury Motive is material: lawful act constitutes an actionable tort
3. damages - recompense or compensation awarded for the when unlawful means are employed purposely to injure another.
damage suffered.
Motive is immaterial: conduct which does not either by itself or
TORT AND CONTRACT because of the manner of its exercise, constitute an invasion of
1. contract duties are created by the promises of the parties while the right of another is not tortuous , however bad or malicious the
tort duties are imposed as rules of law actor's motives.
2. contracts are largely about economic matters such as buying Purpose - denotes the object of an act or the external or
and selling many torts involve physical harms objectives result desired
Intent - an external act or an intelligent volition and is thus
3. contract law is at least formally strict liability law. most tort law distinguishable from the term "motive" their use in statements of
on the other hand, is at least formally fault based. legal principles has not always been mutually exclusive.
4. it is a character of torts that the duties from the violation of MATERIALITY OF INTENT
which tort result are creatures of the law and not of particular 1.Intentional act is done in ignorance - voluntary act,
agreements. a contract is not essential to the existence of tort presenting the elements of duty, breach, and damage is tortious
although unaccompanied by a deliberate design to injure or to
5. a breach of contract may be treated as a tort where the law commit an unlawful act.
casts its separate obligation.
2. Resulting damage is different from that contemplated -
DAMAGES AND OTHER REMEDIES fortiori where defendant voluntarily engages in conduct designed
1.Restitution; injunction - forces the tortfeasor to disorge gains to cause some damage, it is immaterial, on the question of the
he wrongfully obtained by tort, and injunction, which compels him existence of a tort that the damage actually brought is different
to cease his tortous conduct. from that contemplated by him
PARTICULAR KINDS OF TORTIOUS ACTS * The fault referred to Art. 2176 is a fault substantive and
1. acts intended to inflict injury independent which in itself is a source of obligations and is also
General rule - a cause of action arises whenever one person, by known as culpa aquilana as distinguished from culpa contractual.
an act not in the exercise of a lawful right, causes loss or does If the fault is committed intentionally to cause damage to another,
damage to another with an intent, either actual or constructive, to it becomes a dolo punished as a crime by the RPC.
produce such harm, without just or lawful excuse or justifiable
cause or occasion. Negligence - failure to observe for the protection of the interests
of another person, that the degree of care, precaution and
2. acts not intended to inflict injury - a casue of action may vigilance which the circumstances justly demand whereby such
be predicated upon negligence, or the failure to observe a another person suffers injury.
standard of case prescribed by law, without a conscious design to
do wrong Distinction between fault and negligence
A Person guilty of negligence is necessarily at fault, but there may
3. malicious acts - defined not only as relating to the intentional be fault without negligence as here the damage or injury resulting
commission of a wrongful act, but also as involving wickedness, from the wrongful act or omission as cause wilfully and not by
depravity and evil intent. reason of lack of care.
* 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 No Duty to Act Rule
there are also legitimate reasons for doing the act. Unless the defendant has assumed a duty to act, or stands in a
special relationship to the plaintiff, defendants are not liable in tort
4. willful and wanton act for a pure failure to act for the plaintiffs benefit.
willful act - one done intentionally, or on purpose, and not
accidentally and willfulness implies intentional wrongdoing REQUISITES OF QUASI-DELICT
wanton act - wrongful act done on purpose or in malicious 1. act or omission by the defendant
disregard of the rights of others 2. fault or negligence of the defendant
3. damage or injury caused to the plaintiff
5. willful or wanton negligence - imports premeditation or 4. there must be a direct relationship or connection of cause and
knowledge and consciousness that injury is likely to result from the effect between the act or omission and the damage
act done or from the omission of the act. 5. no pre-existing contractual relation between the parties
Doctrine of absolute or strict liability in culpa contractual, it is not necessary for the plaintiff to plead or
- the actor, realizing the hazard of his undertaking nevertheless prove that the violation of the contract was due to fault or
assumes the risk connected therewith and, notwithstanding he is negligence.
free from all wrong, and has used utmost care, he nevertheless is
liable for any invasion of the person or property rights of another. c. culpa aquilana- there is no preseumption that the defendant
was at fault or negligent
QUASI - DELICTS
Culpa contractual - the mere proof of the existence of the contract
Article 2176. Whoever by act or omission causes damage to and its breach raises such presumtion that the burden is on the
another, there being fault or negligence, is obliged to pay for the defendant to prove that he was not at fualt or negligent.
damage done. Such fault or negligence, if there is no pre-existing
contractual relation between the parties, is called a quasi-delict d. culpa aquilana - primarily governed by Article 2176
and is governed by the provisions of this Chapter. (1902a)
Culpa Contractual - governed by 1170 to 1174
*Fault - when a person acts in a manner contrary to what should
have done. Article 2177. Responsibility for fault or negligence under the
preceding article is entirely separate and distinct from the civil
liability arising from negligence under the Penal Code. But the
Licuanan, Apple Jade S.
Torts reviewer - midterms ( Atty. Ever Rose Higuit)
plaintiff cannot recover damages twice for the same act or responsible for those events which could not be foreseen, or
omission of the defendant.(n) which, though foreseen, were inevitable. (1105a)
CRIME VS. QUASI- DELICT Fortuitous Event- any event which cannot be foreseen, or
1. crime -there is criminal or malicious intent or criminal which though foreseen, is inevitable. it is an event which is either
negligence impossible to foresee or impossible to avoid.
quasi delict - there is only negligence
Fortuitous Event vs. Force Majeure
2. Crime - there are 2 liabilities: criminal and civil
QD - there is only civil liability Fortuitous Event - event independent of the will of the obligor but
not of other men (Acts of Men)
3. Crime - affects public interest
QD - concerns private interest or concern Force Majeure - those events which are totally independent of the
4. crime - purpose is punishment or correction will of every human being (Acts of God)
QD - indemnification of the offended party
Requisites of Fortuitous Event
5. Criminal liability cannot be compromised
Liability for QD can be compromised as any other civil liability 1.Event must be independent of the human will or at least the
obligor's will
6. In crime, the guilt of the accused must be proved beyond
reasonable doubt, 2. the event could not be foreseen or if foreseen, must have been
QD - the fault or negligence of the defendant need only be proved impossible to avoid
by preponderance of evidence
3. Event must be of such a character as to render it impossible for
7. Crime - the liability of the person responsible for the author of the obligor to comply with his obligation in a normal manner
the negligent act or omission is subsidiary
QD - it is direct and primary 4. Obligor must be free from any participation in, or the
aggravation of the injury to the obligee
Recovery of damages twice for the same act or omission is
prohibited Doctrine of assumption of risk
* quasi - delict and an act or omission punishable by law are two Meaning - assumption of risk may be invoked as a complete
different sources of obligations. defense by the defendant in a quasi-delictual action. it assumes
that a plaintiff who voluntarily assumes a risk of harm from the
The offended party has the option between an action for negligent conduct of the defendant cannot recover from such
enforcement of civil liability based on culpa criminal under Art. 100 harm.
of RPC and an action for recovery of damages based on culpa
aquilana under Art. 2177 of the NCC. Requisites:
1. plaintiff had actual knowledge of the danger
These two cases of action may be availed of subject to the caveat 2. he understood and appreciated the risk form the danger
that the offended party cannot recover twice for the same act or 3. he voluntarily exposed himself to such risk
omission or under both causes.
This proscription in our law stems from the fundamental rule Article 2179. When the plaintiff's own negligence was the
against unjust enrichment. Since these two civil liabilities are immediate and proximate cause of his injury, he cannot recover
distinct and independent of each other, the failure to reciver in damages. But if his negligence was only contributory, the
one will not necessarily preclude recovery in the other. immediate and proximate cause of the injury being the
defendant's lack of due care, the plaintiff may recover damages,
Article 2178. The provisions of articles 1172 to 1174 are also but the courts shall mitigate the damages to be awarded. (n)
applicable to a quasi-delict. (n)
Effect of negligence on the part of the injured party
Statutory definition of Fault or negligence
Article 1173. The fault or negligence of the obligor consists in Negligence merely contributed to the injury - to be entitled
the omission of that diligence which is required by the nature of to the damages, the law does not require that the negligence of
the obligation and corresponds with the circumstances of the the defendant should be the sole cause of the damage.
persons, of the time and of the place. When negligence shows bad
faith, the provisions of articles 1171 and 2201, paragraph 2, shall There is a contributory negligence on the part of the injured party
apply. where his conduct has contributed, as a legal cause to the harm
If the law or contract does not state the diligence which is to be he has suffered, which fall below the standard to which he is
observed in the performance, that which is expected of a good required to conform for his own protection.
father of a family shall be required. (1104a)
Negligence - conduct that creates undue risk or harm to another. Legal cause of damage, harm or injury
it is the failure to observe for the protection of the interests of
another person , that justly demand, whereby such other person A person claiming damages for the fault or negligence of another
suffers injury has the burden of establishing at least 3 conditions:
Test for determining whether a person is negligent
1.Reasonable care and caution expected of an ordinary prudent 1. fault or negligence of the defendant
person 2. Damage, harm or injury to the plaintiff
2. No hard and fast rule from measuring degree of care 3. Connection of cause and effect between the fault or negligence
3.Negligence, a legal question and the damage.
the doctrine is applied only if unsure and if no direct evidence of -persons enumerated under 2180 are given the right to seek
who is at fault. when you cannot tell who is at fault but you can reimbursement from the author for "what he has paid of or
tell what contributed to the injury. delivered in satisfaction of the claim " of the plaintiff.
Requisites of the doctrine: Article 2182. If the minor or insane person causing damage has
no parents or guardian, the minor or insane person shall be
1. the accident is of a kind or character which ordinarily does not answerable with his own property in an action against him where a
occur in the absence of someone's negligence guardian ad litem shall be appointed. (n)
Article 2186. Every owner of a motor vehicle shall file with the Article 2194. The responsibility of two or more persons who are
proper government office a bond executed by a government- liable for quasi-delict is solidary. (n)
controlled corporation or office, to answer for damages to third
persons. The amount of the bond and other terms shall be fixed Proscription of action upon quasi-delict
by the competent public official. (n) Article 1146. The following actions must be instituted within four
years:
Article 2187. Manufacturers and processors of foodstuffs, drinks,
toilet articles and similar goods shall be liable for death or injuries (1) Upon an injury to the rights of the plaintiff;
caused by any noxious or harmful substances used, although no (2) Upon a quasi-delict;
contractual relation exists between them and the consumers. (n)
However, when the action arises from or out of any act, activity,
This is one of the exceptions to the general rule that negligence is or conduct of any public officer involving the exercise of powers or
not presumed. authority arising from Martial Law including the arrest, detention
and/or trial of the plaintiff, the same must be brought within one
Requisites for liability (1) year. (As amended by PD No. 1755, Dec. 24, 1980.)
1. defendant is a manufacturer or processor
2. products manufactured or processed are foodstuffs, drinks,
toilet articles, and similar goods
3. defendant used noxious or harmful substances in the
manufacture of processing
4. death or injury was caused by the product consumed or used
containing such noxious or harmful substances.