OTHER CIVIL LAWS

LAWS ON TORTS AND DAMAGES

ATTY. CLEAVELAND BUELA
1. TORTS
Definition of Torts

Kinds of Tort Liabilities

1. Intentional Tort
2. Negligence
3. Strict Liability
Persons Involved
1. Plaintif
2. Defendant
2. NEGLIGENCE
Definition of Negligence
Sources of Negligence
1. Culpa contractual
2. Culpa aquiliana
3. Criminal Negligence
*Reckless Imprudence and Simple Imprudence; Gross
Negligence and Simple Negligence
Distinctions between sources of negligence
a. Culpa Aquiliana vs. Culpa Contractual
b. Culpa Aquilana vs. Crimes
Concurrence of Actions

A single act or omission may give rise to two or

more causes of
action.
a. One defendant, Two or more sources of
obligation
b. Two or more defendants
Proscription on Double Recovery
A party cannot recover twice for the same act or
omission or
under both causes of action.
Test of Negligence
1. Did the defendant in doing the alleged negligent
act use that reasonable care and caution which
an ordinarily prudent person would have used in
the same situation? If not, then he is guilty of
negligence.
2. Could a prudent man in the case under
consideration, foresee harm as a result of the
course actually pursued? If so, it was the duty of
the actor to take precautions to guard against harm.
Foreseeability

Undue Risk

Probability
Circumstances to Consider in Determining Negligence
1. Time
2. Place
3. Emergency Rule; An individual who suddenly finds
himself in a situation of danger and is required to act

without much time to consider the best means that

may be adopted to avoid the impending danger is not
guilty of negligence if he fails to undertake what
subsequently and upon reflection may appear to be a
better solution.
Unless, the rule cannot be invoke of the person
who is
invoking it found himself in danger which
he himself created
through his own negligence.
4. Social Value of Utility of Activity
5. Persons Exposed to the Risk
a. Children
b. Other trespassers
Standard of Conduct: Good father of a family
Children; Liability
Physical Disability
Experts and Professionals
Intoxication
Insanity
Women
Res Ipsa Loquitor
a. The accident is of a kind which ordinarily does not
occur in the absence of someones negligence;
b. It is caused by an instrumentality within the exclusive
control of the defendant;
c. The possibility of contributing conduct which would
make the plaintiff responsible is eliminated

3. MISFEASANCE AND NONFEASANCE

Duty to Rescue
Duty to the Rescuer
Requisites to make a tortfeasor liable to the
rescuer:
1. The defendant tortfeasor was negligent to the
person rescued and such negligence caused
the peril or appearance of peril to the person
rescued
2. The peril or appearance of peril to the person
rescued
3. A reasonably prudent person who would have
concluded such peril or appearance of peril
existent
4. The rescuer acted with reasonable care in
efectuating the rescue
Owners, Proprietors and Possessors
a. Trespassers
b. Tolerated Possessor
c. Visitors
Common Carriers
d. Children
Attractive Nuisance Rule
e. State of Necessity
f. Liability to Neighbors and Third Persons
g. Liability of Proprietors of Buildings
Employers

Employees