Handout 9

Question 1

is a legal wrong committed upon a person or property independent of the contract.
it is taken from the word “torque”, meaning “to twist”.

Answer 1

tort or a quasi-delict

Question 2

signifies voluntary act or omission causing damages to the right of another giving rise to an obligation of the actor to repair such damage.

Answer 2

Fault

Question 3

consists of the omission to do certain acts that result in damage to another.

Answer 3

Negligence

Question 4

It is a substantive and independent fault in that there is no pre-existing contractual relation. It is a separate source of obligation independent of a contract.

Answer 4

Culpa Aquiliana or Culpa Extra Contractual. Article 2176 of the NCC

Question 5

The foundation of the liability of the defendant is the contract. The obligation to answer for the damage that the plaintiff has suffered arises from a breach of the contract because the defendant failed to exercise due care in the performance of his obligation

Answer 5

Culpa Contractual or Contractual Fault. This is governed by Articles 1170 to 1173 of the NCC.

Question 6

is demandable not only for one’s own acts or omissions but also for those of persons for whom one is responsible

Answer 6

Article 2180 of the NCC. Vicarious Liability. The obligation imposed by Article 2176

Question 7

are responsible for the damages caused by minor children who live in their company.

Answer 7

The father, and, in case of death or incapacity, the mother,

Question 8

responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions.

Answer 8

The owners and managers of an establishment or enterprise

Question 9

shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.

Answer 9

Employers

Question 10

is responsible for damages caused by their special agents, but not when the damage has been caused by the official to whom the task is done properly pertains.

Answer 10

State

Question 11

shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody.

Answer 11

Teachers or heads

Question 12

shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody. Authority and responsibility shall apply to all authorized activities, whether inside or outside the premises of the school, entity, or institution.

Answer 12

Family Code

Question 13

shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision.

Answer 13

Provinces, cities, and municipalities

Question 14

is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent if he had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months.

Answer 14

owner

Question 15

of foodstuffs, drinks, toilet articles, and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used.

Answer 15

Manufacturers and processors

Question 16

is responsible for damages caused by things thrown or falling from the same.

Answer 16

head of a family

Question 17

is responsible for the damages resulting from its total or partial collapse if it should be due to the lack of necessary repairs.

Answer 17

proprietor

Question 18

This was defined as that cause which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the inquiry and without which the result would not have occurred. Article 2179 of the NCC states that when the plaintiff’s negligence was the immediate and proximate cause of his injury, he cannot recover damages.

Answer 18

Doctrine of Proximate Cause.

Question 19

If the negligence of the plaintiff was merely contributory to his injury, the immediate and proximate cause of the accident causing the injury being the defendant’s negligence, such negligence would not be a bar to recovery, but the amount recoverable shall be mitigated by the court (Article 2179).

Answer 19

Contributory Negligence.

Question 20

It pertains to the rule whereby the negligence of a certain person in a transaction or act which gave rise to the injury complained of is imputable or chargeable against the person for whom he was acting or against his associates.

Answer 20

Doctrine of Imputed Negligence.

Question 21

Otherwise known as the doctrine of discovered peril or the humanitarian doctrine, may be stated as follows: where both parties are negligent in such a way that it would be impossible to determine whose negligence was the proximate cause of the accident; whose party had the last clear chance or opportunity to avoid the accident by the use of proper care but failed to do so.

Answer 21

Doctrine of Last Clear Chance.

Question 22

Under this doctrine, where a thing is shown to be under the management of the defendant or of his servants, and the accident is such as in the ordinary course of events does not happen if those who have management has used proper care; it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.

Answer 22

Doctrine of Res Ipsa Loquitor.

Question 23

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.

Answer 23

Doctrine of Attractive Nuisance.

Question 24

One who suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted to avoid the impending danger, is not guilty of negligence if he fails to adopt what subsequently and upon reflection may appear to have been a better method unless the emergency in which he finds himself is brought about by his own negligence

Answer 24

Emergency Rule.

Question 25

awarded to a person to see to it that whenever a right is transgressed, every manner of loss or injury is compensated for in some way or another.

Answer 25

Damage

Question 26

Article 2199 of the NCC specifically provides that “Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved.”

Answer 26

Actual or Compensatory Damages.

Question 27

include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.

Answer 27

Moral damages

Question 28

are adjudicated so that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not to indemnify the plaintiff for any loss suffered by him (Article 2221).

Answer 28

Nominal damages

Question 29

which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be provided with certainty (Article 2224).

Answer 29

Temperate or moderate damages,

Question 30

are those agreed upon by the parties to a contract, to be paid in case of breach thereof (Article 2226). whether intended as an indemnity or a penalty, it shall be equitably reduced if they are iniquitous or unconscionable (Article 2227).

Answer 30

Liquidated damages

Question 31

are imposed, by way of example or a correction for the public good, in addition to the moral, temperate, liquidated, or compensatory damages (Article 2229).

Answer 31

Exemplary or corrective damages

Question 32

These are estimable which must be duly established or proven as in actual or compensatory damages and loss of property and earning capacity.

Answer 32

Damages Capable of Pecuniary Computation.

Question 33

These need no proof and the assessment is left to the discretion of the court (Article 2216).

Answer 33

Damages Incapable of Pecuniary Computation.