TORTS AND DAMAGES DOC

Title	TORTS AND DAMAGES
Author	Mark Anthony Tiongson
Pages	17
File Size	692.5 KB
File Type	DOC
Total Downloads	447
Total Views	564

Summary

San Beda College of Law 215 MEMORY AID IN CIVIL LAW TORTS AND DAMAGES I. TORTS NEGLIGENCE TORT  The omission of that degree of  An unlawful violation of private diligence which is required by the nature right, not created by contract, and which of the obligation and corresponding to gives rise to ...

Description

San Beda College of Law 215 MEMORY AID IN CIVIL LAW TORTS AND DAMAGES I. TORTS TORT An unlawful violation of private right, not created by contract, and which gives rise to an action for damages. It is an act or omission producing an injury to another, without any previous existing lawful relation of which the said act or omission may be said to be a natural outgrowth or incident. NOTES: An unborn child is NOT entitled to damages. But the bereaved parents may be entitled to damages, on damages inficted directly upon them. (Geluz vs. CA, 2 SCRA 802) Defendants in tort cases can either be natural or artifcial being. Corporations are civilly liable in the same manner as natural persons. Any person who has been injured by reason of a tortious conduct can sue the tortfeasor. The primary purpose of a tort action is to provide compensation to a person who was injured by the tortious conduct of the defendant. Preventive remedy is available in some cases. Classes of Torts: A. Negligent Torts B. Intentional Torts C. Strict Liability A. NEGLIGENT TORTS Involve voluntary acts or omissions which result in injury to others without intending to cause the same or because the actor fails to exercise due care in performing such acts or omissions. NEGLIGENCE 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. (Article 1173 Civil Code) Kinds of Negligence: 1. Culpa Contractual (contractual negligence) Governed by CC provisions on Obligations and Contracts, particularly Arts. 1170 to 1174 of the Civil Code. 2. Culpa Aquiliana (quasi-delict) Governed mainly by Art. 2176 of the Civil Code 3. Culpa Criminal (criminal negligence) Governed by Art. 365 of the Revised Penal Code. NOTES: The 3 kinds of negligence furnish separate, distinct, and independent bases of liability or causes of action. A single act or omission may give rise to two or more causes of action. Culpa Contractual Culpa Aquiliana The foundation of the liability of the defendant is the contract It is a separate source of obligation independent of contract In breach of contract In quasi-delict the presumptive responsibility for the negligence of CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD), Ma. Ricasion Tugadi (Conficts of Law)...