TORTS AND DAMAGES

1. What is torts? 2. Classes of Torts Negligent Torts Intentional Torts Strict Liability Torts 3. What is negligence? 4. Kinds of Negligence Culpa Aquiliana Culpa Criminal Culpa Contractual 5. Test of Negligence 6. Proof of Negligence 7. Presumptions of Negligence Catch-all Provisions 8. Abuse of Right Requisites 9. Acts Contra Bonus Mores Requisites 10. Seduction and Sexual Assault DESA Breach of Promise to Marry -When actionable. 11. Trespass and Deprivation of Property 12. Abortion and Wrongful Death Can the unborn have the right to recover damages. 13. Illegal Dismissal 14. Malicious prosecution Requisites 15. Public Humiliation Slander by Deed 16. Unjust Enrichment Elements 17. Benefited by the act Who shall indemnify

18. Neglect of Duty 19. Civil Liability Arising from Delict Negligence Torts/Quasi-Delict 20. Elements of Negligence Torts 21. Proximate Cause 22. Nearest Cause 23. Remote Cause 24. Concurrent Cause 25. What is contributory Negligence Effects 26. Imputed Contributory Negligence/Vicarious Liability Directly responsible Relationship 27. Attractive Nuissance Rule Exception 28. Fortuitous Event Exceptions (Art. 1179) 29. Doctrine of Last Clear Chance Antecedent Supervening Negligence 30. Assumption of Risk Requisites 31. Res Ipsa Loquitor When applicable When not applicable 32. Captain of the Ship Doctrine 33. Doctrine of Informed Consent Requisites-Medical Malpractice 34. Civil Liability Under quasi-delict Under RPC 35. Limitation as to recovery 36. Business Torts Kinds of Bus. Torts 37. Interference with Contractual Relations

 Elements 38. Vicarious Liability Nature 39. Who are vicariously liable Under the NCC Parents Owners and Managers Employers School, teachers and Administrators State Under the Family Code 40. Available Defense 41. Motor Vehicle Mishaps Liability of owner if in the vehicle Registered owner rule Presumptions of negligence of the driver 43. Reliefs Reimbursement Property owned by the insane 44. Strict Liability Torts Possessors and Users of Animal (exceptions) 45. Nuissance 46. Product Liability Consumer Act Gen. Liable-manufacturers When is an agent/salesman liable Defenses for manufacturer Defenses for agent/salesman Kinds of Defect (4) 47. Liablity of Provinces, Cities and Municipalities 48. Proprietor of the Building Liability of the owner of the building

Engineer/Architect Contractor 49. Liability of joint tortfeasors Damages 50. Damage 51. Damages 52. Injury 54. Damnum Absque Injuria Exercise of public functions Exercise of a lawful right 55. Kinds of Damages 56. Actual Damages Concept 57. Kinds (2) 58. Fixed Damages Other damages that may be recovered (3) 59. Attorneys Fees Ordinarymnjjjnn Extra Ordinary 60. Interest Percentage after Finality of Judgment 61. Mitigation of Liability 62. Moral Damages 63. Proof and Proximate Cause 64. Nominal Damages Nature Cannot co-exist with actual damage 65.Temperate Damages When an award of actual and temperate compatible. 66. Liquidated Damages 67. Exemplary Damages Criminal Quasi-delict

 Contracts and Quasi-Contracts 68. Stipulation renouncing exemplary damages in advance