TORTS and DAMAGES

Atty. Alden Francis C. Gonzales

SY. 2017-2018 (2nd Sem)

What is Torts?

There is no mention of the word ‘torts’ in the the law, why is that?

Torts = Quasi-delict

Why did the legislators use ‘quasi-delict’ instead of ‘torts’?

What is quasi-delict?

What are the requisites of quasi-delict?

Connection? The fault or negligence of the defendant must have been the immediate
and proximate cause of the damage experienced by the plaintiff.

Tison v. Pomasin

Cang v. Cullen
Why did the court not give the same treatment/considerations as with the prior
case?

What is negligence?

What is the test of negligence?

Two (2) tests as enunciated in:

1. Picart v. Smith
2. Jarco Marketing v. CA

R Transport Corp. v. Yu (Registered Owner Rule)

Dy Teban Trading v. Jose Ching

Tagaytay v. Melencio-Herrera

Lara v. Valencia

February 9 2018

interference with contractual relations

also called tortious interference so ping bun vs ca
any third person who induces another to violate his contract shall be liable for damages
to the other contracting party

MDT NOTES 1
yu vs unisia merchandising corporation there is unlawful interference
Ferro chemicals vs antonio garcia there is no unlawful interference
peoples bank and trust corporation vs dahican lumber there is unlawful interference

even if an employee of a common carrier deviates from his duty the employer shall still
be liable for damages even if he exercise diligence of a good father in the selection and
supervision of the employee

doctrine of last clear chance

the plaintiff and defendant are guilty of negligence
one party had ultimate opportunity to avoid impending harm but failed to do so

elements
the defendant discovered the situation
he had the time to take action that would have saved the plaintiff
but he failed to do what a reasonable person would have done

In the absence of any one of these elements the courts deny recovery on the part of the
plaintiff

mckee vs iac
Emergency rule
last clear chance doctrine

green star express Incorporated vs nissin universal robina corporation

doctrine of last clear chance does not apply in common carriage

bustamante vs ca
sand and gravel truck and a mazda bus

lbc air cargo vs ca

A dusty road in bislig surigao

doctrine of res ipsa loquitur

Elements
The accident is of a kind which ordinarily does not occur in the absence of someone's
negligence
it is caused by an instrumentality within the exclusive control of the defendant; and
the possibility of contributing conduct which would make the plaintiff responsible is
eliminated

Maao sugar central corporation vs ca

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