Torts and Damages by Timoteo B. Aquino summarizes key concepts in tort law. It defines a tort as an unlawful violation of private rights that gives rise to damages, but is not a breach of contract. There are three main types of tort liability: intentional torts for desired or certain harm, negligence for unintended harm from a lack of due care, and strict liability for harm from risky but not wrongful activities. Philippine tort law is based on Articles 19-21 of the Civil Code, which provide general duties to avoid harm and compensate damage. These articles serve as the basis for any conceivable tort action and were intended to broadly expand legal remedies for moral wrongs.
Torts and Damages by Timoteo B. Aquino summarizes key concepts in tort law. It defines a tort as an unlawful violation of private rights that gives rise to damages, but is not a breach of contract. There are three main types of tort liability: intentional torts for desired or certain harm, negligence for unintended harm from a lack of due care, and strict liability for harm from risky but not wrongful activities. Philippine tort law is based on Articles 19-21 of the Civil Code, which provide general duties to avoid harm and compensate damage. These articles serve as the basis for any conceivable tort action and were intended to broadly expand legal remedies for moral wrongs.
Torts and Damages by Timoteo B. Aquino summarizes key concepts in tort law. It defines a tort as an unlawful violation of private rights that gives rise to damages, but is not a breach of contract. There are three main types of tort liability: intentional torts for desired or certain harm, negligence for unintended harm from a lack of due care, and strict liability for harm from risky but not wrongful activities. Philippine tort law is based on Articles 19-21 of the Civil Code, which provide general duties to avoid harm and compensate damage. These articles serve as the basis for any conceivable tort action and were intended to broadly expand legal remedies for moral wrongs.
Torts and Damages by Timoteo B. Aquino summarizes key concepts in tort law. It defines a tort as an unlawful violation of private rights that gives rise to damages, but is not a breach of contract. There are three main types of tort liability: intentional torts for desired or certain harm, negligence for unintended harm from a lack of due care, and strict liability for harm from risky but not wrongful activities. Philippine tort law is based on Articles 19-21 of the Civil Code, which provide general duties to avoid harm and compensate damage. These articles serve as the basis for any conceivable tort action and were intended to broadly expand legal remedies for moral wrongs.
Torts and Damages by Timoteo B. Aquino | Summarized by Terence L.
Valdehueza | 2017 Bukidnon State University College of Law | Page 1
CHAPTER ONE Art. 19. Every person must, in the
GENERAL CONSIDERATIONS exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and TORT DEFINED. observe honesty and good faith. Tort is an unlawful violation of private right, not Art. 20. Every person who, contrary to created by contract, and which gives rise to an law, wilfully or negligently causes damage action for damages. to another, shall indemnify the latter for It is an act or omission producing an injury to the same. another, without any previous existing lawful The general provision for all other provision relation of which the said act or omission may be of law which do not especially provide their said to be a natural outgrowth or incident. own sanction. It is a private or civil wrong or injury, other than Art. 21. Any person who wilfully causes breach of contract. loss or injury to another in a manner that It is a violation of a duty imposed by general law or is contrary to morals, good customs or otherwise upon all persons occupying the relation public policy shall compensate the latter to each other that is involved in a given for the damage. transaction. Articles 19, 20 and 21 serve as basis of any imaginable tort action. KINDS OF TORT LIABILITIES. These provide for general concepts that make Intentional torts include conduct where the actor persons liable for every conceivable wrongful desires to cause the consequences of his act or act. There is a general duty owed to every believe the consequences are substantially certain person not to cause harm either wilfully or to result from it. negligently. Negligence involves voluntary acts or omissions These provisions were intended to expand the that result in injury to others, without intending to concept of torts in this jurisdiction by granting cause the same. The actor fails to exercise due adequate legal remedy for the untold number care in performing such acts or omissions. of moral wrongs which is impossible for human Strict liability in tort is where the person is foresight to specifically provide in the statutes. made liable independent of fault or negligence. B. Expanded Scope of Quasi-Delict. When strict liability is imposed, the conduct is C. View that Article 2176 is Limited to generally not wrongful in itself but the wrong Negligence. consists in causing harm by engaging in certain D. Justification for Inclusion of Intentional Acts. types of risky activities. PURPOSES OF TOR LAW. SCOPE AND APPLICABLE LAWS. A. Catch All Provisions. FUNDAMENTAL PRINCIPLES.