Torts and Damages Lecture Notes

Key Concepts

• Quasi Delict
  • Civil law concept similar to torts
  • Governed by Article 2176 of the Civil Code
  • Refers to fault or negligence causing damage without a pre-existing contractual relationship
• Torts
  • Broader concept that includes both intentional and malicious acts
  • Covered by Articles 19, 20, and 21 of the Civil Code and the Revised Penal Code

Articles of Civil Code

• Article 19: Standards of good human relations
• Article 20: Basis for action for damages for wrongful acts contrary to law
• Article 21: Addresses wrongful acts against morals or good customs

Requisites for Liability under Quasi Delict (Article 2176)

1. Existence of an act or omission
2. Damage or prejudice must occur
3. Causal relation between the act/omission and the damage
4. No pre-existing contractual relationship

Classification of Torts

• Intentional Torts: Articles 20, 21, and 26 of the Civil Code
• Negligent Torts: Acts or omissions with fault or negligence
• Strict Liability Torts: Liability independent of fault or negligence

Concepts of Tort Feasor

• Tort Feasor: The offending party responsible for the tort
  • Can be a principal tort feasor or joint tort feasors (multiple parties contributing to the act)

Definition of Negligence

• Article 1173 of Civil Code: Omission of required diligence based on circumstances
• Article 365 of Revised Penal Code: Reckless imprudence without malice leading to material damage

Burden of Proof in Negligence

• Plaintiff has the burden to prove negligence through the standard of care expected
• Presumptions of Negligence: Shift burden to defendant under certain conditions (e.g., traffic violations)

Defenses in Negligence Cases

1. Prescription: Actions based on quasi delict must be filed within 4 years
2. Fortuitous Events: Unexpected events outside control may relieve liability if no negligence is found
3. Assumption of Risk: When the plaintiff knowingly engages in risky activity
4. Contributory Negligence: Both parties share negligence
5. Last Clear Chance Doctrine: Plaintiff had the last opportunity to avoid the incident
6. Emergency Rule: Actions taken during an emergency may not be held liable

Strict Liability Overview

• Strict Liability Activities: Certain activities impose liability regardless of negligence (e.g., animal possession, food manufacturing, public roads)

Vicarious Liability

• Employers liable for negligent acts of employees within the scope of employment
• Parents/guardians liable for minors under their care

Types of Damages

1. Actual/Compensatory Damages: Direct compensation for losses (proven expenses)
2. Moral Damages: Compensation for emotional suffering
3. Nominal Damages: Small sums awarded where rights are violated but no substantial damage is proven
4. Temperate Damages: For damages that can't be precisely calculated
5. Liquidated Damages: Pre-agreed amount in contracts
6. Exemplary Damages: Additional damages for deterrence and public good

Factors Mitigating Damages

• Plaintiff's own negligence
• Any benefits gained from the contract
• Efforts made by the defendant to lessen the plaintiff's injury

Conclusion

• Importance of understanding tort law principles and their application in real-world scenarios.
• Encouragement to review and ask questions on torts and damages.

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