1

NUISANCE
 2
Nuisance
Any act, omission, establishment, business,
condition of property, or anything else
which:
a. Injures or endangers the health or safety
of others;
b. Annoys or offends the senses;
c. Shocks, defies or disregards decency or
morality;
d. Obstructs or interferes with the free
passage of any public highway or street,
or any body of water; or
e. Hinders or impairs the user of property.

There is strict liability on the part of the

owner of possessor of the property where a
nuisance is found because he is obliged to
abate the same irrespective of the presence
or absence of fault or negligence.

Every successive owner or possessor of

property who fails or refuses to abate a
nuisance in that property started by a former
owner or possessor is liable therefore in the
same manner as the one who created it.
 3
DOCTRINE OF ATTRACTIVE
NUISANCE
 4
One who maintains on his premises
dangerous instrumentalities or appliances of
a character likely to attract children in play,
and who fails to exercise ordinary care to
prevent children from playing therewith or
resorting thereto, is liable to a child of
tender years who is injured thereby, even if
the child is technically a trespasser in the
premises.

NOTE: A swimming pool or pond or

reservoir of water is NOT considered
attractive nuisance. (Hidalgo Enterprises vs.
Baladan 91 Phil 488)
 5
QUASI-DELICT
 6
Whoever by act or omission causes damage
to another, there being fault or negligence is
obliged to pay for the damage done. (Art.
2176 CC)
 7
ESSENTIAL REQUISITES FOR A
QUASI-DELICTUAL ACTION
 8
1. Act or omission constituting fault or
negligence;
2. Damage caused by the said act or
omission; and
3. Causal relation between the damage and
the act or omission.
 9
DOCTRINE OF VICARIOUS
LIABILITY OR DOCTRINE FO
IMPUTED NEGLIGENCE
 10
A person is not only liable for torts
committed by himself, but also for torts
committed by others with whom he has a
certain relation or for whom he is
responsible (Art. 2180 CC).

Exercise