TORTS DEFINITIONS

Attractive nuisance, doctrine: The owners of premises whereon things attractive to children are exposed, or upon which the public
are expressly or impliedly permitted to enter or upon which the owner knows or ought to know children are likely to
roam about for pastime and in play, must calculate upon this, and take precautions accordingly. (Taylor v. Manila
Railroad
One who maintains on his premises dangerous instrumentalities or appliances of a character likely to
attract children in play, and who fails to exercise ordinary care to prevent children from playing therewith or
resorting thereto, is liable to a child of tender years who is injured thereby, even if the child is technically a
trespasser in the premises (Jarco Marketing v. CA, citing Hidalgo Enterprises v. Balandan)
Bad faith
state of mind affirmatively operating with furtive design or with some motive of self-interest or ill will or for ulterior
purpose (Air France v. Carrasoco)
Burden of proof: Duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount
of evidence required by law (Rule 131, Sec. 1. Rules of Court)
Cause of action: Act or omission by which a party violates the right of another (LG Foods v. Pagapong-Agraviador; Sec. 2, Rule 2,
1997 Rules of CivPro)
Common carrier: persons, corporations, firms or association engaged in the business of carrying or transporting passengers or
goods or both, by land, water, or air, for hire or compensation, offering their services to the public, whether to the
public in general or to a limited clientele in particular, but never on an exclusive basis (FGU Insurance v. G.P.
Sarmiento)
Contributory negligence: The act or omission amounting to want of ordinary care on the part of the person injured, which, concurring
with the defendants negligence, is the proximate cause of the injury(Cayao-Lasam v. Sps. Ramolete)
Gross negligence: Want of even slight care and diligence amounting to reckless disregard of safety of person or property (Amedo v.
Rio); entire absence of care, thoughtless disregard of the consequences (Ilao-Oreta v. Sps. Ronquillo)
In loco parentis: where educational institution is held liable if it shown that students, while in its custody, causes of inflicts the damage
(PSBA v. CA)
Interest, expectation: interest in having the benefit of his bargain by being put in as good a position as he would have been had the
contract been performed (FGU Insurance v. GP Sarmiento)
Interest, reliance: interest in being reimbursed for loss caused by negligence on the contract (FGU Insurance v. GP Sarmiento)
Interest, restitution: interest in having restored to him any benefit that he has conferred on the other pary (FGU Insurance v. GP
Sarmiento)
Last clear chance: Where both parties are negligent, but when a) ones negligent act is appreciably later than the other, and b) it is
impossible to determine whose fault or negligence caused the loss, then the one who had the last clear
opportunity to avoid the loss but failed to do so is chargeable with the loss (PNR v. Brunty)
Medical malpractice: Medical malpractice is a particular form of negligence which consists in the failure of a physician or surgeon to
apply to his practice of medicine that degree of care and skill which is ordinarily employed by the profession
generally, under similar conditions, and in like surrounding circumstances. (Cayao-Lasam v. Sps. Ramolete)
Medical malpractice suit: type of claim which a victim has available to him or her to redress a wrong committed by a medical
professional which has cause bodily harm. (Cruz v. CA)
Negligence
Failure to observe for the protection of the interests of another person that degree of care, precaution, and
vigilance which the circumstances justly demand, whereby such other person suffers injury. (PNR v. CA)
Omission to do something which a reasonable man, guided by those considerations which ordinarily
regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man
would not do. (BPI v. Lifetime)
Omission of that diligence which is required by the nature of the obligation and corresponds with the
circumstances of the persons, of the time and of the place (Art. 1173)
Want of care required by the circumstances (PNR v. Brunty)
Negligence, comparative If accident is caused by plaintiffs own negligence, defendant has no liability; if accident is caused by
defendants negligence and plaintiffs negligence merely contributed to injury, then damages should be
apportioned (Cangco v. Manila Railroad, citing Rakes v. Atlantic)
Negligence, contributory conduct on the part of the injured party, contributing as legal cause to the harm he has suffered, which
falls below the standard to which he is required to conform for his own protection (PNR v. Brunty)
The omission to do something which a reasonable man, guided by those considerations which ordinarily
regulate the conduct of human affairs, would do; or the doing of something which a prudent and reasonable man
would not do (Sicam v. Jorge)
Negligent act
One from which an ordinary prudent person, in the same or similar circumstances, would foresee such an
appreciable risk of harm to others as to cause him not to do the act or to do it in a more careful manner
(Corinthian Gardens v. Sps. Tanjangco)
Negligent conduct: When a prudent man in the position of the tortfeasor would have foreseen that an effect harmful to another was
sufficiently probable to warrant his foregoing conduct or guarding against its consequences (Picart v. Smith)

Proximate Cause: Cause which, ina natural and continouous sequence, unbroken by any efficient intervening cause, produces
the injury, and without which the result would not have occurred (BPI v. Lifetime)
Quasi-delict
Fault or negligence causing damage by one party to another, if there is no preexisting contractual relation between
the parties (Art. 2176)
Res inter alios acta liis neque nocet prodest: contract can neither favor nor prejudice a third person (FGU Insurance v. GP
Sarmiento)
Res ipsa loquitur: Thing speaks for itself; doctrine holds defendant liable where thing causing the complained injury is shown to be
under defendants management and the accident is such that, in the ordinary cause of things, cannot be expected
to happen if those who have its management or control use proper care (FGU Insurance v. GP Sarmiento);
Tort
A wrong, a tortious act which has been defined as the commission or omission of any act by one without
right, whereby another receives some injury, directly or indirectly, in person, property or reputation (Vinzons-Chato
v. Fortune)
Breach of legal duty; the violation of a right or the omission of a duty imposed by law (Naguiat v. NLRC)

TABLES
Elements of QD
Art. 2176
1) Damage to another
2) Fault/negligence

PNR v. Brunty
1. Damage to plaintiff

BPI v. Lifetime
1. Damage to plaintiff

Gregorio v. CA
1. Damages

2. Negligence of
defendant/person for
whose acts he must
respond

2. Fault/negligence

2. Fault/negligence

3) No pre-existing
contractual relation
3. Cause and effect
between such
negligence and damage

3. Cause and Effect

3. No pre-existing
contractual relation
4. Connection of cause
and effect

For elements of ACTIONABLE CONDUCT; MEDICAL NEGLIGENCE

Compare to Art. 2176
Garcia v. Salvador (actionable)
1. Breach
1) Damage
2. Injury
2) Fault/negligence
3) No pre-existing contractual relation
3. Duty

1. Breach
2. Injury

*Jurisprudence: causation

4. Proximate causation

4. Proximate causation

Andamo v. IAC
1. Damages suffered by
plaintiff
2. fault or negligence

3. Cause and effect

Professional v. Agana (mediical)

3. Duty

Fortuitous Events
Art. 1174

RES IPSA LOQUITUR

Professional Services v. Agana
1. Injury
2. Thing causing injuryunder control and management of defendant *
3. Occurrence wouldnt have happened if proper care was used
4. No explanation by defendant

What are the correct elements for quasi-delict?

Sicam v. Jorge
1. Cause is independent of human will
2. Impossible to foresee/impossible to avoid
3. Impossible for debtor to fulfill obligations in a normal manner
4. Obligor must be free from any participation in the aggravation of
the injury or loss