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TORTS and DAMAGES

Fault
when a person acts in a manner contrary to what
should have been done

Only juridical fault gives rise to liability for

damages and not moral fault.

Negligence
The failure to observe for the protection of the
interests of another person, the degree of care or
precaution and vigilance which the circumstances
justly demand, whereby such other person suffers
injury
Relative or comparative, and not an absolute term
and its application depends upon the situation of
the parties and the degree of care and vigilance
which the surrounding circumstances reasonably
impose.
Mere intoxication is not negligence.

Arises from a positive act or conduct

Broader term. There may be fault without
negligence
*the distinction however, does not exist.

Incurred through omission

A person guilty of negligence is necessarily at fault.

No-duty-to-act Rule
Unless the defendant has assumed a duty to act, or stands in a special relationship to the plaintiff,
defendants are not liable in tort for a pure failure to act for the plaintiffs behalf.
Exceptions:
1. When statutes impose a reasonable duty to take action and protect others;
2. When the defendant is under duty to use reasonable care and safety where the defendant is in
a special relationship with the plaintiff;
3. When the defendant is under duty to use reasonable care for the plaintiffs safety when the
defendant is in a special relationship with the immediate tortfeasor and is in the position to
control his behavior.
The scope of no-duty-to-act rule only covers non-action or nonfeasance.
Negligence cause of action: A person who negligently causes personal injury or property damage is a
subject to liability in tort.
Characteristics of negligence cases:
1. Open-ended claims allows plaintiff to claim that the given conduct by the defendant is
negligent.
2. Actual harm requirement no claim for negligence will be recognized unless the plaintiff suffers
actual harm.
3. Preoccupation with bodily harm and property damage
4. Damages when negligence claim is established
Concept of quasi-delict: (art. 2176)
Any act or omission by a person (tortfeasor) which causes damage to another in his person,
property, or tights, giving rise to an obligation to pay for the damage done, there being fault or
negligence but there is no pre-existing contractual relation between the parties.

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Refers to those obligations which do not arise from law, contracts, quasi-contracts or criminal
offenses.
The same negligent act or omission may create an action for damages due to quasi-delict under
the CC or an action for damages arising from a crime or delict. Article 2176 can only refer to
quasi-delicts excluding conduct punishable by law. However, for the purpose of recovering civil
liability arising from a crime or felony, the plaintiff is given the privilege or option to treat the
offense as a quasi-delict, and not as a delict, and accordingly, base his civil action for damages
which shall be entirely separate and distinct from, and shall proceed independently of, the
criminal prosecution.

Requisites of quasi delict:

1. There must be