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Chapter 1 b. social and economic perspective.

General Considerations 7. persons who can sue and be sued for tort
1. Tort defined a. plaintiffs: persons who are entitled to
- ‘torquere’ meaning ‘to twist.’ damages
- unlawful violation of private right, not b. defendants: persons who may be held
created by contract, and which gives rise to liable.
an action for damages. 8. REMEDIES
- There must always be violation of some duty Legal remedies are either preventive or
that must arise by operation of law and not compensatory.
by mere agreement of the parties
2. Philippines tort law Chapter 2
a. Sources 1. KINDS OF NEGLIGENCE
- NCC 1157, 2176-2194 (extra contractual Culpa contractual, culpa aquiliana and criminal
obligation) negligence.
- Special laws
b. scope and applicable laws A. STATUTORY BASIS AND REQUISITES.
1. Catch-all provisions 1. Quasi-delict (art 2176)
Art. 19, 20 and 21 of the NCC a. an act or omission constituting fault
2. Expanded scope of Quasi-Delict. or negligence;
acquittal from an accusation of criminal b. b damage caused by the said act or
negligence, whether on reasonable doubt omission;
or not, shall not be a bar to a subsequent c. the causal relation between the
civil action, not for civil liability arising damage and the act or omission.
from criminal negligence, but for 2. Delict.
damages due to a quasi-delict or “culpa Criminal negligence, on the other hand, is
aquiliana.’’ But said article forestalls a governed by Article 365 of the Revised
double recovery. Penal Code
3. View that Art. 2176 is limited to 3. Contract.
negligence. Culpa contractual is governed by the Civil
4. Purposes of tort law Code provisions on Obligations and
(a) to provide a peaceful means for Contracts particularly Articles 1170 to
adjusting the rights of parties who might 1174.
otherwise take the law into their own B. DISTINCTIONS.
hands; 1. Culpa Aquiliana distinguished from Culpa
(b) deter wrongful conduct; Contractual.
(c) to encourage socially responsible In culpa contractual, the foundation of
behaviour; and the liability of the defendant is the
(d) to restore injured parties to their contract. Culpa aquiliana is a separate
original condition, insofar as the law can source of obligation independent of
do this, by compensating them for their contract.
injury. 2. Culpa aquiliana distinguished from crimes.
a) Crimes affect the public interest,
- The purpose of the law of torts is to while cuasi-delitos are only of private
adjust these losses and to afford concern;
compensation for injuries sustained by b) The Penal Code punishes or corrects
one person as the result of the conduct criminal act, while the Civil Code, by
of another. means of indemnification, merely
5. Fundamental principles repairs the damage;
a. equity and justice. c) Delicts are not as broad as quasi-
b. democracy. delicts, because the former are
c. human personality exalted. punished only if there is a penal law
6. justifications of tort liability clearly covering them, while the
a. moral perspective. latter, cuasi-delitos, include all acts in
which any kind of fault or negligence f. Social Value or Utility of Activity.
intervenes; and g. Person Exposed to the Risk.
d) The liability of the employer of the
actor-employee is subsidiary in
crimes while his liability is direct and
primary in quasi-delict.

C. CONCURRENCE OF CAUSES OF ACTION.


1. It should be noted, however, that a single
act or omission may give rise to two or more
causes of action. The obligation based on one
is separate and distinct from the other.

2. CONCEPT OF NEGLIGENCE
A. Definition and test of negligence.
Article 1173 defines negligence as the omission of
that degree of diligence which is required by the
nature of the obligation and corresponding to the
circumstances of persons, time and place.
B. Negligence is conduct.
What is important in the determination of the
presence or absence of negligence is whether the
person who is sought to be held liable omitted to
do something which a reasonable man would do
or did something which a reasonable man would
not do.
C. Unreasonable or undue risks.
Negligence, as it is commonly understood is a
conduct that creates an undue risk of harm to
others. in negligence, risk means a danger which
is apparent, or should be apparent, to one in the
position of the actor. Such type of risk is
unreasonable risk. If such unreasonable risk
results in injury to the plaintiff, the latter can
recover from the defendant.
D. Foreseeability.
Could a prudent man, in the case under
consideration, foresee harm as a result of the
course actually pursued?”
E. Probability.
If there is a great probability and risk that
damage will result, a person is negligent if he did
not exercise due diligence in the face of such
great probability.

CALCULATION OF RISK
1. Circumstances to consider.
a. Time. the time of the day may affect the
diligence required of the actor.
b. Place.
c. Emergency.
d. Gravity of Harm to be Avoided.
e. Alternative Course of Action.