Jurispogi

Fharboi

Quasi-delict/Torts

Sources of obligations

1. Law – obligations arise when imposed by the law itself and cannot be presumed.
Ex. Taxes
2. Contracts – arise from the stipulation of parties (something being agreed to);
- It has the force and effect of the law and should be complied in good faith
3. Quasi-contracts – certain lawful, voluntary and unilateral acts give rise to the juridical relation of
quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of
another
- For short, bawal ang unjust enrichment
- Something that is not written

Ex.

Solution indebiti – for example you are payed 100 pesos mistakenly, and you only needed to pay
50, bien should return your 50 pesos excess payment because it was a mistake

Innominate contracts – obligation to pay, contracts that are not written but is to be payed.

- E.g. pag sumakay ng tricy, you are obliged to pay the fare.

Negrotium gestio –is a form spontaneous voluntary agency in which an intervenor or

intermeddler, the gestor, acts on behalf and for the benefit of a principal, but without latter’s
prior consent

-A voluntary administration of the property, business or affairs of another, without his

consent/authority, that creates an obligation for reimbursement for the necessary
expenses the gestor had spent
- Ex si fhar nag kasakit, bien takes over the clinic and mans it for 1 month. When I get back I
have the obligation to pay you for the expenses you had to pay for that whole month.
4. Criminal offenses
- Penalties for commission of crimes
5. Quasi-offense
- Quasi delict is used to designate those obligation which do not arise from law, contracts,
quasi-contracts, or criminal offenses
- resulting from negligence/tort
- tort is an act or omission that gives rise to an injury or harm of another and amounts to a
civil wrong for which court impose liability
- ex. Reckless driving
 the basic provision on quasi-dilect or culpa acquiliana or extracontractual culpa, is Article 2176
of the Civil Code which provides.

Whoever by act or omission causes damage to another, there being fault or negligence,
is obliged to pay for the damage done.

Degree of care and diligence

- in everything you do, there is a degree of care and diligence you are supposed to have.
- You are supposed to take care about everything and be wary of everything
- Good father of the family - is – the bare minimum of diligence
- Extraordinary diligence – the highest degree of diligence needed. Usually for cariers (truck
drivers)

Various liabilities

a. For person exercising parental authority

- You are liable to pay for your minor
- Pwd is considered minor regardless of age
b. For liability of employers
- When you hire someone, it should be due diligence
- You should hire competent and those with good character.
- When you hired them, you should check their skills, if their incompetent for example and
was not able to do their jobs, the liability is yours. Halimbawa pag ninakaw ni rider ang
package ikaw padin magbabayad non unless may contracts or waivers na you are not liable
for the loss
- Liability of employer is yours as long as it is within the contract and nature of the job. Like
pag driver mo siya tas nakabangga siya ikaw magbabayad

Yan lang sa quasi nag speed run na ang yawa after kay kulang time