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Art 19 Every person must, in the exercise of his rights and in

the performance of his duties, act with justice, give everyone his
due, and observe honesty and good faith.
Art 20 Every person who, contrary to law, wilfully or
negligently causes damage to another shall indemnify the latter
for the same.
Art 21 Any person who wilfully causes loss or injury to
another in a manner that is contrary to morals, good customs or
public policy shall compensate the latter for the damage.
Art 26 Every person shall respect the dignity, personality,
privacy and peace of mind of his neighbors and other persons.
The following and similar acts, though they may not constitute a
criminal offense, shall produce a cause of action for damages,
prevention and other relief:
(1)
Prying into the privacy of anothers residence
(2)
Meddling with or disturbing the private life or
family relations of another
(3)
Intriguing to cause another to be alienated from
his friends
(4)
Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of
birth, physical defect, or other personal
condition.
Art 33 In cases of defamation, fraud and physical injuries, a
civil action for damages, entirely separate and distinct from the
criminal action may be brought by the injured party. Such civil
action shall proceed independently of the criminal prosecution,
and shall require only a preponderance of evidence.
Art 694 A nuisance is any act, omission, establishment,
condition of property or anything else which:
(1)
Injures or endangers the health or safety of
others
(2)
Annoys of offends the senses
(3)
Shocks, defies, or disregards decency or
morality
(4)
Obstructs or interferes with the free passage of
any public highway or street or any body of
water or
(5)
Hinders or impairs the use of property
Art. 695 Nuisance is either public or private. A public nuisance
affects a community or neighbourhood or any considerable
number of persons, although the extent of the annoyance,
danger or damage upon individuals maybe unequal. A private
nuisance is one that is not included in the foregoing definition.
Art 2176 Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for the
damage done. Such fault or negligence, if there is no preexisting contractual relation between parties, is called quasidelict and is governed by the provisions of this chapter.

Art 2183 The possessor of an animal or whoever may make


use of the same is responsible for the damage which it may
cause, although it may escape or be lost. This responsibility
shall cease only in case the damage should come from force
majeure or from the fault of the person who has suffered
damage.

Art 2205 Damages may be recovered


(1)
For loss or impairment of earning capacity in
cases of temporary or permanent personal
injury
(2)
For injury to the plaintiffs business standing or
commercial credit.

Art 2187 Manufacturers and processors of foodstuffs, drinks,


toilet articles and similar goods shall be liable for death or
injuries caused by any noxious or harmful substances used
although no contractual relation exists between them and the
consumers.

Moral Damages includes physical suffering, mental anguish,


fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and similar injury.
Though incapable of pecuniary computation, moral damages
may be recovered if they are proximate result of the defendants
wrongful act or omission.

Negligence has been defined as the failure to observe for the


protection of the interests of another person that degree of care,
precaution, and vigilance which the circumstances greatly
demand, whereby such other person suffers injury.
In the absence of fault or negligence, there can be no award for
damages. Mere suspicion or speculation without any proof
cannot be the basis of such award.
Although the relation between the passenger and the carrier is
contractual both in origin and nature, the act that breaks a
contract may also be a tort.
Damages may be: actual or compensatory, moral, nominal,
temperate or moderate, liquidated, exemplary or corrective.
Actual or compensatory damages one is entitled to an
adequate compensation only for such pecuniary loss suffered
by him as he has duly proved. There are recoverable because
of pecuniary loss which includes the value of the loss suffered
and profits which were not obtained or realized.
Art 2200 indemnification for damages shall comprehend not
only the value of the loss suffered, but also that of the profits
which the obligee failed to obtain.
Art 2201 In contracts and quasi-contracts, the damages for
which the obligor who acted in good faith is liable shall be those
that are the natural and probable consequences of the breach
of the obligation, and which the parties have foreseen or could
have reasonably foreseen at the time the obligation was
constituted.
In case of fraud, bad faith, malice or wanton attitude, the obligor
shall be responsible for all the damages which may be
reasonably attributed to the non-performance of the obligation.
-if a taxi driver should kill his passenger, the civil liability of the
offender is based on his having committed a crime. On the
basis of contracts, it is the taxicab owner-operator who should
be held liable for damages, not the driver-killer, for said driver is
not a party to the contract of carriage.

Nominal Damages are adjudicated in order that a right of the


plaintiff, which has been violated or invaded by the defendant,
may be vindicated or recognized, and not for the purpose of
indemnifying the plaintiff for any loss suffered by him.
Temperate or Moderate Damages which are more than
nominal but less than compensatory damages, may be
recovered when the court finds that some pecuniary loss has
been suffered but its the amount cannot, from the nature of the
case be proven with certainty.
Liquidated Damages are those agreed upon by the parties to
a contract, to be paid in case of breach threof. (same as
penalty)
Exemplary or corrective damages are imposed by way of
example or correction for the public good, in addition to the
moral, temperate, liquidated or compensatory damages.
Torts - in common law jurisdictions, is a civil wrong. Tort law
deals with situations where a person's behaviour has unfairly
caused someone else to suffer loss or harm. A tort is not
necessarily an illegal act but causes harm and therefore the law
allows anyone who is harmed to recover their loss. Tort law is
different from criminal law, which deals with situations where a
person's actions cause harm to society in general. A claim in tort
may be brought by anyone who has suffered loss.
ELEMENTSOFQUASIDELICT/TORTS:
1. Act or omission
2. Damage or injury is caused to another
3. Fault or negligence is present
4. There is no pre-existing contractual relations between the
parties
5. Causal connection between damage done and act/omission
NEGLIGENCE
The omission of that degree of diligence which isrequired by
the nature of the obligation andcorresponding to the
circumstances of thepersons, time and place. (Art. 1173, NCC)
KINDSOFNEGLIGENCE

1. Quasi delict (Art. 2176 NCC)


2. Criminal negligence (Art. 356 RPC)
3. Contractual negligence (NCC provisions oncontracts
particularly Arts. 1170 to 1174
TESTSOFNEGLIGENCE
Did the defendant in doing the alleged negligentact use the
reasonable care and caution whichan ordinary prudent person
would have used inthe same situation?
If not, then he is guilty of negligence
Could a prudent man, in the case underconsideration, foresee
harm as a result of thecourse pursued?
If so, it as the duty of the actor to takeprecautions to guard
against harm
CIRCUMSTANCESTOCONSIDER
Time
Place
Personal circumstances of the Actor
CHAPTER3:WHATMUSTBEPROVED
1.NEGLIGENCE
- plaintiff must prove negligenceof defendant
Exceptions:
a. In cases where negligence is presumed orimputed by law this is onlyrebuttable/presumption juris tantum
b. Principle of res ipsa loquitur
(the thingspeaks for itself) - grounded on the difficultyin proving
thru competent evidence, publicpolicy considerations
2. DAMAGE / INJURY
3. CAUSAL CONNECTION BETWEENNEGLIGENCE AND DAMAGE
Defendantsnegligence must be the proximate cause of
theinjury sustained by the plaintiff to enable plaintiffto recover.
Thus, if plaintiffs own conduct is thecause of the injury there
can be no recovery
DEFENSES
CONTRIBUTORY NEGLIGENCE - the plaintiffwas also negligent
together with the defendant;to constitute a defense, proximate
cause ofinjury/damage must be the negligence ofdefendant2.
CONCURRENT NEGLIGENCE if both partiesare equally negligent
the courts will leave themas they are; there can be
no recovery3.
DOCTRINEOFLASTCLEARCHANCE eventhough a persons own acts
may have placed himin a position of peril and an injury results,
theinjured is entitled to recover if the defendant thruthe exercise
of reasonable care and prudencemight have avoided injurious
consequences tothe plaintiff. This defense is available only
in an action by the driver or owner of one vehicle against the
driver or owner of the other vehicle involved.

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