01312023 TORTS

TORT

Courts: provide remedy

Cause of action for damages

Characteristics

- A legal wrong
- Civil in nature
- The wrong causes injury or damage
- Provides remedy to the injured party

Kinds

- Negligence
o Involuntary acts or omission which result in injury
- Intentional torts
o Desires to cause the consequences
o There is intent, malice
o MVRS Publications v. Islamic Da’wah Council of the Philippines

Sources

- NCC
- Art. 1156 of NCC

Scope and Applicable Laws

- Tort is a common law in concept

- Statutory provisions which recognizes tort liability
o Sections in Corporation Code
o Child and Youth Welfare Code
o Ship Mortgage Degree
Catch-all Provisions

- Art. 19.
- Art. 20.
- Art. 21.

Is tort the same as quasi-delict?

- Torts is much broader than culpa aquiliana because it includes not only negligence, but
intentional criminal acts

Can quasi-delict cover criminal acts?

- Art. 3. Acts and omissions punishable by …

- YES.

Purposes of Tort Law

- To provide a peaceful means for adjusting the rights of parties

- Deter wrongful conduct
- To encourage socially responsible behavior
- To restore injured parties to their original condition

Justifications of tort liability

1. Moral perspective
2. Social and economic perspective

Plaintiffs: person who are entitled to damages

- Any person who had been injured by reason of a tortious …

Defendants: persons who may be held liable

- Partnership
- Corporation
- Close corporation
- Corporation by estoppel
- State
Remedies

- Legal remedies are either preventive or compensatory

- The primary purpose of tort action is to provide compensation to a person who were injured by
the tortious conduct of the defendant

NEGLIGENCE

Kinds

- Quasi-delict
- Delict
- Contract

Requisites of quasi-delict

- An act or omission constituting fault or negligence

- Damage caused by the said act or omission
- Casual relation between damage and act or omission
- PSBA v. CA

Delict

- Art. 365. Imprudence and negligence

Culpa aquiliana distinguished from culpa contractual

Test of negligence

- Picart v. Smith Jr.

- R Transport Corp v. Luisito G. Yu
- Sps Latonio v. Mcgeorge Food Industries Inc.

Calculation of risk

- Reasonableness of the conduct in negligent cases may depend upon five factors
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Circumstances to be considered in determining negligence

- Time
- Place
- Emergency
- Gravity of harm to be avoided
- Alternative course of action
- Social value or utility of activity
- Person exposed to the risk