Basis

1. Legal basis of liability

2. Criminal intent
3. Nature of right violated
4. Liability for damages
5. Proofs needed
6. Sanction or penalty

Quasi-Delict v. Crime
Quasi-Delict
Fault or negligence resulting in
damage or injury to another.
-broader than crime
Not necessary
Private right
-against a private individual
Every quasi-delict gives rise to
liability for damages
Preponderance of evidence
Reparation or indemnification

Crime
There can be no crime unless
there is a law clearly punishing
the act
Essential
Public right
-against the State
Some crimes do not give rise to
liability for damages
Proof beyond reasonable doubt
Imprisonment or fine or both

Quasi-Delict (Cupla Aquiliana) v. Quasi-Contract (Culpa Contractual)

Basis
Quasi-Delict
Quasi-Contract
1. Nature of negligence
Direct substantive and
Merely incidental to the
independent
performance of the contractual
obligation
2. Defense of good father of the Complete and proper defense
Not a complete and proper
family
defense in the selection and
supervision of employees
3. Presumption of negligence
No presumption of negligence.
There is presumption of
It must be proved by the injured negligence as long as it can be
party.
proved that there was a breach
of the contract.
The defendant must prove that
there was no negligence.