Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 19 views

    Tort of Negligence (Studypol, Pineda)

    Uploaded by

    Kassandra Mae Pineda
    1. Tort law of negligence deals with legal wrongs committed against someone through another's failure to use reasonable care and prevent foreseeable risks of harm. There is often a contractual relationship between the parties like doctor-patient or employer-employee. 2. Philippine law recognizes both Spanish torts based on negligence and American torts based on malice. Torts are civil wrongs that cause loss or disadvantage, either through negligence or intentional acts. 3. For negligence to be found, there must be a duty of care, a failure to perform that duty, injury or loss, and proximate cause establishing the negligent act as the direct cause of harm. Gross negligence involves a considerable or

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Tort of Negligence (Studypol, Pineda)

    Uploaded by

    Kassandra Mae Pineda
    19 views3 pages
    1. Tort law of negligence deals with legal wrongs committed against someone through another's failure to use reasonable care and prevent foreseeable risks of harm. There is often a contractual relationship between the parties like doctor-patient or employer-employee. 2. Philippine law recognizes both Spanish torts based on negligence and American torts based on malice. Torts are civil wrongs that cause loss or disadvantage, either through negligence or intentional acts. 3. For negligence to be found, there must be a duty of care, a failure to perform that duty, injury or loss, and proximate cause establishing the negligent act as the direct cause of harm. Gross negligence involves a considerable or

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1. Tort law of negligence deals with legal wrongs committed against someone through another's failure to use reasonable care and prevent foreseeable risks of harm. There is often a contractual relationship between the parties like doctor-patient or employer-employee. 2. Philippine law recognizes both Spanish torts based on negligence and American torts based on malice. Torts are civil wrongs that cause loss or disadvantage, either through negligence or intentional acts. 3. For negligence to be found, there must be a duty of care, a failure to perform that duty, injury or loss, and proximate cause establishing the negligent act as the direct cause of harm. Gross negligence involves a considerable or

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    19 views3 pages

    Tort of Negligence (Studypol, Pineda)

    Uploaded by

    Kassandra Mae Pineda
    1. Tort law of negligence deals with legal wrongs committed against someone through another's failure to use reasonable care and prevent foreseeable risks of harm. There is often a contractual relationship between the parties like doctor-patient or employer-employee. 2. Philippine law recognizes both Spanish torts based on negligence and American torts based on malice. Torts are civil wrongs that cause loss or disadvantage, either through negligence or intentional acts. 3. For negligence to be found, there must be a duty of care, a failure to perform that duty, injury or loss, and proximate cause establishing the negligent act as the direct cause of harm. Gross negligence involves a considerable or

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 3

    1

    Tort Law of Negligence

    By general meaning, The Tort of Negligence is a legal wrong that is

    experienced by someone at the cost of another who fails to take proper precaution to avoid

    what a reasonable person would regard as a foreseeable risk. Usually, there will be a

    contractual relationship (express or implied) between the parties involved, such as that of

    doctor and patient, employer and employee, vendor and buyer, and recently it was necessary

    for such a contractual relationship to exist in order for a claim for negligence to succeed

    (Stuhmcke and Corporation, 2001).

    In the Civil Code of the Philippines, Chapter 2, Art. 20, It introduces a wider

    concept of torts in Philippines, for it embraces:

    a. The Spanish tort- based on negligence

    b. American tort- based on malice.

    Torts are legal or civil actions wrongfully committed against people or organizations,

    causing them a loss or disadvantage. Intentional torts are willful acts or the willful failure

    to act when needed to do so that causes injury to someone else. Thus, crime is a specific type

    of intentional tort. Other types of intentional torts include slander and libel, patent

    infringement, and false imprisonment. Torts result either because the tortfeasor, who is the

    one who commits the tort, is either negligent in his duties that are inflicted by law and not

    contract, making someone else a loss, or causes a loss through his actions. 

    1
    2

    Negligence is the failure to perform the required amount of care or

    precaution to prevent injury to others. For example, if you cause an accident that injures

    someone or dies because you didn’t perform enough precaution as a doctor or nurse. This is

    specifically called as Medical Negligence if it happens involving a medical professional.

    Sometimes, the act itself determines negligence. Under the doctrine of res ipsa

    loquitur, (Latin term for "the thing speaks for itself"), there are some actions so openly

    negligent that the law presumes negligence, such as when a surgeon operates on the wrong

    side of the body. The defendant, in such cases, must prove that he wasn't negligent.

    Before a court will award damages, the presumed negligence must satisfy 4 requirements:

    1.      there must be a legal duty to perform or to use reasonable care;

    2.      there must have been a failure to perform that duty;

    3.      the plaintiff must have suffered an injury or a loss;

    4.      and the negligent act must have been the proximate cause of the injury.

    The proximate cause is a cause that directly caused the loss or suffering; the rule is,

    if the proximate cause wasn’t caused , then the harm would not have happened.

    All 4 elements of negligence must be present before a court will award damages.

    2
    3

    Gross negligence means conduct or a failure to act that is so indiscreetly so

    that it shows a considerable or absolute lack of concern for whether an injury will outcome.

    It is sometimes needed to establish "gross negligence" as opposed to "ordinary negligence"

    in order to overcome a legal impediment to a lawsuit. For example, a government employee

    who has immunity from liability for ordinary negligence, but may remain liable for gross

    negligence.

    Sources:

    https://www.lawteacher.net/free-law-essays/tort-law/tort-of-negligence.php

    https://jaysoncivil.blogspot.com/2011/09/main-topic-sub-topic-normal-0-false.html

    I have these sources as references but I revised most of the words used here so they’re not

    plagiarized. I just got the main ideas.

    You might also like