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TORTS AND DAMAGES

Cause of Action in Tort


1. A legal right in favour of a person;
2. A correlative legal obligation on the part of defendant to respect/not violate such right and;
3. A wrong, i.e. an act or omission in violation of said legal right and duty with consequent injury
or damage to the plaintiff.
Culpa Aquiline or Quasi-Delict
1 There is a pre-existing Contractual relation between the parties;
4. Act or omission constituting fault or negligence;
5. Causal relation between the damage and the act or omission; and
6. Damage or injury caused by the said act or omission.
Res Ipsa Loquitur
1 The accident is of a kind which ordinarily does not occur in the absence of someones
negligence;
7. it is caused by an instrumentality within the exclusive control of the defendant or the
defendants;
8. The possibility of contributing conduct which would make the plaintiff responsible is eliminated.
Requisites to make a tortfeasor liable to the Rescuer
1 The tortfeasor was negligent to the person rescued and such negligence caused the peril or the
appearance of peril to the person rescued;
9. The peril or the appearance of peril was Imminent;
10. A reasonable prudent person who could have concluded such peril or appearance of peril
existent; and
11. The rescuer acted with reasonable care effectuating the rescue.
Medical Negligence
1 Duty to use at least the same level of care that any reasonably prudent doctor would use to
treat a condition under the same circumstances;
12. Breach of such professional duty or improper performance thereof;
13. Injury is caused to the patient, constituting actionable malpractice; and
14. The doctors actions were the proximate cause of the patients injury.
Malpractice action based on the doctrine of informed consent
1 The physician has a duty to disclose the material risks;
15. The physician failed to disclose or inadequately disclosed the risks;
16. As a direct and proximate result of the failure to disclose, the patient consented to treatment
she otherwise would not have consented to; and
17. The plaintiff was injured by the proposed treatment.
Employers liability
1 The employee was chosen by the employer personally or through another;

18. The service is to be rendered in accordance with orders which the employer has the authority
to give at all times; and
19. The illicit Act of the employee was on the occasion or by reason of the functions entrusted to
him.
Vicarious Liability of Employers under Article 103 of the Revised Penal Code
1 Employee is Insolvent
20. Employee was convicted of the offence committed in the discharge of his duties; and
21. Employer is engaged in any kind of industry.

Culpa Criminal or Criminal Negligence


1 The offender does or fails to do an act;
22. The doing or the failure to do the act is voluntary;
23. The act or omission be without malice;
24. Material damage results from the reckless imprudence; and
25. There is an inexcusable lack of precaution on the part of the offender, considering his
employment or occupation, degree of intelligence, physical condition and other circumstances
regarding persons, time and place.
Assumption of Risk
1 The plaintiff must know that the risk is present;
26. He must understand its nature; and
27. His choice to incur it is free and voluntary
Last Clear Chance
1 Plaintiff was in a position of danger and, by his own negligence, became unable to escape from
such position by the use of ordinary care;
28. Defendant had the last clear chance to avoid the accident by the exercise of ordinary care but
failed to exercise such last clear chance;
29. Defendant knew that the plaintiff was in a position of danger or in the exercise of ordinary care
should have known such; and
30. The accident occurred as a proximate result of such failure.
Abuse of Right
1 There is a legal right or duty;
31. Which is exercised in bad faith; and
32. For the sole intent of prejudicing or injuring another.
Acts Contra Bonus Mores
1 Act which is legal
33. The act is contrary to morals, good customs, public order or public policy; and
34. The act is done with intent to injure.
Malicious prosecution

The fact of the prosecution and the further fact that the defendant was himself the prosecutor;
and that the action was finally terminated with an acquittal;
35. That in bringing the action, the prosecutor acted without probable cause; and
36. The prosecutor was actuated or impelled by legal malice.
Publication of embarrassing private parts
1 Publicity is given to any private or purely personal information about a person;
37. Without the latters consent; and
38. That the publication was made with intent of gain or for commercial and business purposes
aggravates the violation of the right, regardless of whether or not such publicity constitutes a
criminal offense, like libel or defamation.
Infliction of Emotional distress
1 Plaintiffs mental distress was extreme and severe;
39. Conduct of the defendant was intentional or in reckless disregard of the plaintiff;
40. Causal connection between defendants conduct and plaintiffs mental distress; and
41. Conduct was extreme and outrageous beyond all possible bounds of decency, regarded as
atrocious, and utterly intolerable in civilised society.
Group Libel
1 Libel is directed against a fairly large group;
42. Libel can reach beyond mere collectivity to do damage to an individual group members
reputation; and
43. The statement is so sweeping and all embracing to apply to every individual in the group or
class so that he can bring the action separately if necessary.
Deceit
1 Defendant made false representation to the plaintiff through:
1. Written or spoken words, or
2. Conduct;
2. The representation must be one of fact;
3. Defendant knows that the representation is false or is reckless about whether it is false;
4. the plaintiff must have acted on the false representation;
5. Defendant must have intended that the false representation should be acted on; and
6. Plaintiff suffered damage as a result of acting on the false representation.
Product Liability by manufacturers
1 The defendant is the manufacturer or processor of foodstuff, drinks, toilet articles and similar
goods involved;
44. Plaintiff used or consumed such product unaware of the injurious condition of the product;
45. The defendant used noxious or harmful substances in the manufacturing or processing of the
foodstuff, drink or toilet articles and similar goods;
46. Plaintiffs injury or death was caused by the product used or consumed; and
47. The forms or kinds of damages suffered and the amount thereof.
Enforcing liability against the defendant

1 The product was defective;


48. The product was manufactured by the defendant; and
49. The defective product was the cause in fact of his injury.
Non-Possessory Invasion
1 The other has property rights and privileges with respect to the use or enjoyment interfered
with;
50. The invasion is substantial;
51. The defendants conduct is a legal cause of invasion; and
52. The invasion is either intentional and unreasonable or unintentional and actionable under
general negligence rules.
Interference of Contracts
1 Existence of a valid contract
53. Knowledge on the part of the third person of the existence of the contract; and
54. Interference of the third person without legal justification
Privilege to interfere
1 The defendants purpose is a justifiable one; and
55. The actors do not employ means of fraud and deception, which are regarded as unfair.
Award of moral damages
1 Injury whether physical, mental or psychological, clearly sustained by the claimant;
56. Culpable act or omission;
57. Such act or omission is the proximate cause of the injury; and
58. Damages predicated on the cases cited in Art. 2219 of the civil code and analogous cases, to
wit.
1. A criminal offense resulting in physical injuries;
2. Quasi-delicts causing physical injuries;
3. Seduction, abduction, rape, or other lascivious acts;
4. Adultery or concubinage;
5. Illegal or arbitrary detention or arrest;
6. Illegal search;
7. Libel, slander or any other form of defamation;
8. Malicious prosecution; or
9. Acts mentioned in Art. 309; Acts and actions referred to in Art. 21, 26, 27, 28, 29, 30, 32,
34, and 35.
Exemplary or Corrective Damages
1 Imposed, by way of example in addition to compensatory damages, only after the claimants
right to it has been established.
59. Not recoverable as a matter of right, their determination depending upon the amount of
compensatory damages that may be awarded; and
60. The act must be accompanied by bad faith or done in wanton, fraudulent, oppressive or
malevolent manner.