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Contract

Quasi-Delict

Source of obligation

Breach of contract

Negligent act or omission

Proof Needed

Preponderance of evidence

Preponderance of evidence

Defense available

Exercise of extraordinary
diligence, Force Majeure

Exercise of diligence of good


father in the selection and
supervision of employees

Party relationship

There is preexisting contract

No pre-existing contract

Burden of proof

Contractual party
Prove the ff:
1. existence of a contract
2. breach

Victim
Prove the ff:
1. negligence
2. causal connection between
negligence and damage
done

Culpa aquiliana

Crimes

Affects private concerns

Affects public interest

Civil Code repairs damages by


means of indemnification,
reparation

RPC punishes or corrects


criminal act

Includes all acts which any kind


of fault or negligence intervenes

Punishes only those covered by


penal laws

Liability of employer is direct and


primary

Liability of employer is subsidiary

Preponderance of evidence

Proof beyond reasonable doubt

Sanction and penalty

Quantum of proof

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