DISTINCTIONS: culpa contractual/aquiliana/criminal 1. Pre-existing obligation 2. Quantum of proof 3. Defense of a good father of a family 4. Presumption of negligence 5.

Negligence is only incidental/direct, substantial Negligence the omission of diligence which is required by the circumstances of persons, place, and time. Test to Determine Negligence: Would a prudent man, in his position, foresee harm as a reasonable consequence of the course about to be pursued? If so the person should avoid such course, and failure to do so constitutes negligence. Doctrine of Last Clear Chance: Where both parties are negligent, he who has the last reasonable opportunity to avoid the impending harm and failed to do so is chargeable with the consequence. As against third person, a negligent actor cannot defend by pleading that another had negligently failed to take action which could have avoided the injury. Proximate Cause is that cause, which, in the natural and continuous sequence, uninterrupted by any efficient intervening cause, produces the injury, and without which the result would not have occurred. VOLENTI NON FIT INJURIA when a person voluntarily asserts to a known danger, he must abide by the consequences; except, if there is an emergency wherein the life or property of another is in peril. Tort liability can arise even if there is contractual relationship between the parties. The court held that the act itself of breaking the contract creates a tort liability. DAMNUN ABSQUE INJURIA damage without (legal) injury. There is an absence of negligence. Contributory Negligence: Phoenix Construction, Inc. vs. IAC 20% shall be borne by the plaintiff; 80% by the driver and his employer who shall be solidarily liable; exemplary damages shall be borne exclusively by the employer. VICARIOUS LIBILITY (F-GOES-T) Their negligence is presumed The liability of F-GOES-T is direct and primary but not subsidiary. The liability of the employer is solidary only when he is a joint tortfeasor (such as when he consented or abet to the commission of the tort) or when the owner of the car is inside the vehicle at the time of the accident (art. 2184). Art. 2180 is also applicable to damage caused by criminal act, otherwise, it would result in the absurdity that while for an act where mere negligence intervenes the father or mother may stand subsidiarily liable to the damage caused by their son, no liability would attach if the damage is caused with criminal intent. The idea is to attach certain liability to the person who has control and authority over the delinquent minor.

Two Kinds of Liability of the State: 1. State liability for the acts of special agents 2. When the states agent is commissioned to perform some non-governmental functions. State is like an ordinary employer. Art. 2180 is not applicable to teachers and heads of academic educational institutions because teachers may not impose corporal punishment upon their students. Note: according to atty. Camacho, this rule is now applicable to academic institutions. Art. 2184: if the owner has no means to warn or prevent the driver, such as when there is no time for him to do it, the driver is not liable. Art. 2189 is a special provision with regard as to the kind of negligence, thus, it shall prevail over the provision of a charter which exempt the municipality from liability arising from the negligence of its employees. Art. 2192 The warranty of a building by engineer, architect, and contractor is 15 years. Must be brought within 10 years after the collapse. OTHER RESPONSIBILITIES: EE-FE DEFENSES IN QUASI-DELICT: 1. 2. 3. 4. 5. 6. 7. 8. Last clear chance Contributory negligence Proximate cause of the loss or injury is the negligence of plaintiff Diligence in selection and supervision of employees Assumption of risk - VOLENTI NON FIT INJURIA Prescription Force majeure- defense by a possessor of an animal Fault of engineer, contractor, architect

TESTS TO DETERMINE PROXIMATE CAUSE: 1. Foreseeability test he who foresaw the injury is the proximate cause 2. But For or sine qua non rule the conduct of the defendant is not the cause of the event if the event would have occurred without it. 3. The defendant is liable only if the harm suffered is the natural and probable consequence of his act. Common carrier is anyone engaged in the business of transporting passengers or goods or both for compensation, and offering such service to the public. The test is whether the public may enjoy it by right or by permission only.