2017-0119 Torts and Damages - Book of de Leon 2016 - Atty. Bundac

2017-0119 TORTS AND DAMAGES – BOOK OF DE LEON 2016 – ATTY.
BUNDAC
CHAPTER 2 2. DELICT
NEGLIGENCE Crime
Actionable negligence may either be Art. 365. Imprudence and Negligence.

culpa contractual, culpa aquilana, and criminal A. Elements of the Crime
negligence. 1. The offender does or fail to do
an act;
1. QUASI DELIT 2. The doing or the failure to do
Culpa Aquilana that act is voluntary;
3. It is without malice;
Art. 2176. Whoever by act or omission causes 4. The material damage results
damage to another, there being fault or from the reckless imprudence;
negligence, is obligated to pay for the damage and
done. Such fault or negligence, if there is no 5. There is inexcusable lack of
pre-existing contractual relation between the precaution on the part of the
parties, is called quasi-delict and is governed offender, taking into
by the provision of this Chapter. consideration his employment,
degree of intelligence, physical
REQUISITES: condition, and other
1. There must be an act or omission circumstances regarding
constituting fault or negligence; persons, time, and place.
2. Damage caused by the said act or
omission; and 3. CONTRACT
3. Causal relation between the damage Culpa Contractual
and the act or omission.
4. There is no pre-existing contractual Art. 1170. Those who in the performance of
relation between the parties. their obligations are guilty of fraud,
negligence, or delay, and those who in any
An action based on quasi delict can be manner contravene the tenor thereof, are
maintained even if there is an existing liable for damages.
contractual relation between the parties.
ART. 1171. Responsibility arising from fraud is
The test (whether a quasi-delict can be deened demandable in all obligations. Any waiver of
to underlie the breach of a contract) was stated an action for future fraud is void.
thus:
Where, without a pre-existing contract ART. 1172. Responsibility arising from
between two parties, an act or omission can negligence in the performance of every kind of
nonetheless amount to an actionable tort by obligations is also demandable, but such
itself, the fact that the parties are liability may be regulated by the courts,
contractually bound is no bar to the according to the circumstances.
application of quasi delict provisions to the
case. ART. 1173. The fault or negligence of the
obligor consists in the omission of that
“DUTY” need not be alleged and proved in diligence which is required by the nature of the
order to recover. obligation and corresponds with the
GENERAL DUTY OF CARE- it is not for the circumstances of the person, of the time and of
plaintiff to prove the existence of duty as an the place. When negligence shows bad faith,
element of cause of action. the provisions of Art 1171 and 2201, Par 2,
shall apply.
“there is no requirement that the negligent act
or omission is directed at a specific person but it If the law or contract does not state
suffices that a person suffers damages as a the diligence which is to be observed in the
consequence of a wrongful act of another in performance, that which is expected of a good
order that indemnity could be demanded from father of a family shall be required.
the wrongdoer”
ART. 1174. Except in cases expressly specified
The obligation based on quasi-delict must also by the law, or when it is otherwise declared by
have the essential requisites of a obligation: stipulation, or when the nature of the
1. Active subject obligation requires the assumption of risk, no
2. Passive subject person shall be responsible for those events
3. Prestation which, could not be foreseen, or which, though
4. Vinculum juris foreseen, were inevitable.
JESTER G. CONCEPCION 1
ARELLANO UNIVERSITY SCHOOL OF LAW
2017-0119 TORTS AND DAMAGES – BOOK OF DE LEON 2016 – ATTY. BUNDAC
Actions for damages based on contracts are not

tort actions.
CONCEPT OF NEGLIGENCE
1. Negligence – is the failure to observe
for the protection of the interests of
another person, that degree of care,
precaution, and vigilance with the
circumstances justly demand, whereby
such other person suffers injury.
2. Test of Negligence—“Did the

defendant in doing the alleged
negligent act use that reasonable care
and caution which an ordinary prudent
person would have used in the same
situation?”
Could a prudent man, in the case

under consideration, foresee harm as a
result of the course actually pursued?
“Conduct is said to be negligent when

a prudent man in the position of the
tortfeasor would have foreseen that an
effect harmful to another was
sufficiently probable to warrant his
foregoing the conduct or guarding
against its consequences.”
3. FORSEEABILITY—is the fundamental

test of negligence
The test to determine the
existence of negligence is to ask if the
defendant used reasonable care
andcaution which an ordinarily prudent
person would have used.
However, to determine what a
reasonable man would have done
requires the application of the test of
foreseeability.
To be negligent, a defendant
must have acted or failed to act in such
a way that an ordinary reasonable man
would have realized that certain
interests of certain persons were
subjected to a general but definite class
of risks.
3.1 UNDUE RISK

Negligence 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.
4. NEGLIGENCE IS CONDUCT
2017-0119 TORTS AND DAMAGES – BOOK OF DE LEON 2016 – ATTY. BUNDAC
CHAPTER 3
AFFIRMATIVE DUTIES
NEGATIVE DUTY OF CARE

 Misfeasance—breach of the general
negative duty
 Nonfeasance—breach of affirmative
duties.
1. NATURE OF MISFEASANCE AND NON

FEASANCE

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2017-0119 TORTS AND DAMAGES – BOOK OF DE LEON 2016 – ATTY.

Actionable negligence may either be Art. 365. Imprudence and Negligence.

Actions for damages based on contracts are not

2. Test of Negligence—“Did the

Could a prudent man, in the case

“Conduct is said to be negligent when

3. FORSEEABILITY—is the fundamental

3.1 UNDUE RISK

NEGATIVE DUTY OF CARE

1. NATURE OF MISFEASANCE AND NON

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