torts and damages
Torts and Damages
I . Concept/ Definition
The term “Tort” is of Anglo-American law-common law which is broader in scope than the Spanish-Phil concept which is limited to negligence while the former includes international or criminal acts. Torts in Philippine law is the blending of common-law and civil law system.
Quasi Delict refers to acts or omissions which cause damage to another, there being fault or negligence on the part of the defendant, who is obliged by law to pay for the damages done.
Elements of Quasi Delict:
1. Damages suffered by the plaintiff
2. Fault or negligence of the defendant
3. Casual connection between the fault or negligence of the defendant’s act and the damages incurred by the plaintiff (Andamo vs IAC, 191 SCRA 426, ’96)
Article 2176 of the Civil Code applies when there’s no pre-existing contractual relation between the parties. However, the supreme court held that even if there is contractual relation, there will still be quasi-delict since “the act that break the contract may be also be tort”, in cases of Air France vs Carrascaso, 18 SCRA 155; Singson vs BPI, 23 SCRA 1117, ’63; and Fabre Jr vs CA, 259 SCRA 426
II. Distinctions
1. a. Fault signifies voluntary act or omission causing damages to the right of another giving rise to an obligation of the actor to repair such damage.
Fault is of two (2) kinds:
i. Substantive and independent fault in that there is no pre-existing relation. This is the one referred to Art. 2176 NCC and source of an obligation. It is also known as culpa extra contractual or culpa aquiliana covered by Art. 2176 NCC. ii. Fault as an incident in the performance of an obligation existing – is known as contractual fault or culpa contractual governed by Art. 1170-73 of NCC.
b. Negligence consist in the omission to do certain acts which result to the damage to another.
2. As to Intennt to cause damage to another thru an act or omission:
a. It is culpa absence such intent, the actor’s liability is
I . Concept/ Definition
The term “Tort” is of Anglo-American law-common law which is broader in scope than the Spanish-Phil concept which is limited to negligence while the former includes international or criminal acts. Torts in Philippine law is the blending of common-law and civil law system.
Quasi Delict refers to acts or omissions which cause damage to another, there being fault or negligence on the part of the defendant, who is obliged by law to pay for the damages done.
Elements of Quasi Delict:
1. Damages suffered by the plaintiff
2. Fault or negligence of the defendant
3. Casual connection between the fault or negligence of the defendant’s act and the damages incurred by the plaintiff (Andamo vs IAC, 191 SCRA 426, ’96)
Article 2176 of the Civil Code applies when there’s no pre-existing contractual relation between the parties. However, the supreme court held that even if there is contractual relation, there will still be quasi-delict since “the act that break the contract may be also be tort”, in cases of Air France vs Carrascaso, 18 SCRA 155; Singson vs BPI, 23 SCRA 1117, ’63; and Fabre Jr vs CA, 259 SCRA 426
II. Distinctions
1. a. Fault signifies voluntary act or omission causing damages to the right of another giving rise to an obligation of the actor to repair such damage.
Fault is of two (2) kinds:
i. Substantive and independent fault in that there is no pre-existing relation. This is the one referred to Art. 2176 NCC and source of an obligation. It is also known as culpa extra contractual or culpa aquiliana covered by Art. 2176 NCC. ii. Fault as an incident in the performance of an obligation existing – is known as contractual fault or culpa contractual governed by Art. 1170-73 of NCC.
b. Negligence consist in the omission to do certain acts which result to the damage to another.
2. As to Intennt to cause damage to another thru an act or omission:
a. It is culpa absence such intent, the actor’s liability is
Cited: 2. Damages incapable of pecuniary estimation for which no proof is needed and the assessment is left to discretion of the court. (Art 2216) Damages: This damages cannot be recovered as a matter of right. This court will decide whether or not they should be adjudicated, (Art 2233) and any stipulation renouncing in advance such damages shall be null and void. (Art 2234 NCC). E. Presence of aggravating circumstance in the commission of criminal offense – as a part of civil liability. (Art. 2230 NCC). Almeda vs Carino, Jan 13, 2003 Facts: C sold a lot on installments to A The principles of the general law on damages are adopted insofar as they are not inconsistent with the Civil Code (Art 2198). Breaches of contract of carriage resulting to death or injury of passengers (Art 1764 in relation to Art 2206 (3) Phil Rabbit bus lines inc vs Easguerra, 117 SCRA 741) Calalas vs CA, 332 SCRA 356, 2000