Chapter 2 Human Relations Flashcards
(25 cards)
what is abuse of right
when a right is exercised does not conform to the norms enshrined in this article and results to damage, the wrongdoer must be held responsible
what are the requisites in the abuse of right
the existebce of a legal right, intent of prejudicing or injuring another
what is bad faith
dishonest purpose or conscious doing of a wrong or a breach of a known duty
what is malice
intention to do ulterior and unjustifiable harm
what is good faith
intention to abstain from unscrupulous advantage of another
what is the common element in 19 and 20. and the distinction in 21?
19 and 20 - act must be intentional. 21 - may be done willfully or negligently
what is the difference between error and wrong
wrong is the deprivation or violation of a right, error is simply making a mistake (eg. oratorical contest)
damnum abesque injuria
harm without injury
what are the requisites to claim for damages
a right of action of legal wrong + damage resulting to the plaintiff
what is injury
illegal invasion of a legal right
what is damage
loss, hurt, which results from injury
what is damages?
satisfaction for an injury sustained
danages may be …
actual, compensatory, moral, nominal, temparate/moderate, liquidated, exemplary
what are the elements of contra bonus mores
there is an act which is legal, but is contrary to moral and good customs, it is done with intent to injure
can a person who breach to marry be held liable
it has no standing in the civil law, but by virtue of Art 21 recovery of money and property advanced may be done. the plaintiff may also claim for damages (moral)
what is malicious prosecution
an action for damages brought by one against whom a criminal prosecution, civil suit or other legal proceeding has been instituted maliciously and without probable cause, after the termination of such prosecution in favor of the defendant therein
what are the requisites for malicious prosecution
- the fact of the prosecution and the further fact that the defendant was himself the prosecutor and that the action was terminated with an acquittal, 2. in bringing action, the prosecutor acted without probable cause, 3. prosecutor was actuated or impelled by legal malice
is fault and negligence required in art 22?
no. in fact he does not have to do any act. for as long as he benefited from the act that caused injury to the petitioner
nemo ex alterius incommodo debet lecupletari
no man ought to be made rich out of another’s injury - UNJUST ENRICHMENT
what are the 2 conditions of unjust enrichment
- person is benefited, 2. the said benefit is derived at the expense of another
what is accion in rem verso
the action for recovery of what has been paid without just cause
what are the 4 essential eleemts of accion in rem verso
- defendent has been enriched, 2. the plaintiff suffered a loss, 3. enrichment is without legal ground, 4. the plaintiff has no other action to take
what is parens patrie
principle where the state being the protector of the citizens, especially those who cannot protect themselves
non sui juris
under legal disability
