Torts and Quasi-Delict Legal

Detailed vocabulary flashcards covering the elements, doctrines, liabilities, and types of damages related to Torts and Quasi-Delicts under the New Civil Code of the Philippines.

Tort (Maranan et al., 2019)

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

Article $2176$ of the New Civil Code (NCC)

Provides that whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done.

Quasi-delict

Fault or negligence where there is no pre-existing contractual relation between the parties.

Fault

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

Negligence

Consists of the omission to do certain acts that result in damage to another, specifically the omission of that diligence required by the nature of the obligation.

Standard of Diligence of a Good Father of a Family

The required diligence observed in the performance of an obligation if the law or contract does not specifically state the level of diligence needed.

Culpa Aquiliana

Also known as Culpa Extra Contractual, it is a substantive and independent fault where there is no pre-existing contractual relation.

Culpa Contractual

A fault that exists as an incident in the performance of an existing obligation, where the foundation of the liability is the contract.

Vicarious Liability (Article $2180$)

The legal obligation for the acts or omissions of persons for whom one is responsible, such as children, employees, or students.

Special Parental Authority

The responsibility and authority held by schools, administrators, and teachers over a minor child while under their supervision, instruction, or custody.

Doctrine of Proximate Cause

The cause which, in a natural and continuous sequence, produces the injury and without which the result would not have occurred.

Contributory Negligence

Negligence by the plaintiff that is merely contributory to the injury, where the amount recoverable shall be mitigated by the court (Article $2179$).

Doctrine of Imputed Negligence

A rule where the negligence of a certain person is chargeable against the person for whom they were acting or against their associates.

Doctrine of Last Clear Chance

Also known as the doctrine of discovered peril, it applies when both parties are negligent and assigns responsibility to the party who had the final opportunity to avoid the accident.

Doctrine of Res Ipsa Loquitor

A doctrine suggesting that the accident itself affords reasonable evidence of a want of care because the instrument of damage was under the exclusive management of the defendant.

Doctrine of Attractive Nuisance

Liability imposed on a premises owner who maintains dangerous, enticing instrumentalities that attract and injure children.

Emergency Rule

A rule stating that a person suddenly finding themselves in danger is not guilty of negligence for failing to adopt the best possible method to avoid injury, provided the emergency was not their own fault.

Injunctive Relief

A preventive remedy which restrains a party from doing certain acts or requires a party to act in a certain way.

Damage (People vs. Ballesteros)

Defined as the pecuniary compensation, recompense, or satisfaction for an injury sustained, or the pecuniary consequences imposed by law for a breach of duty.

Actual or Compensatory Damages

Adequate compensation awarded only for such pecuniary loss suffered as duly proved (Article $2199$).

Moral Damages

Compensation for physical suffering, mental anguish, fright, and similar injury, which are incapable of pecuniary computation but are the proximate result of a wrongful act.

Nominal Damages

Damages adjudicated so that a right of the plaintiff may be vindicated or recognized rather than to indemnify for loss (Article $2221$).

Temperate or Moderate Damages

Damages recovered when some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be provided with certainty (Article $2224$).

Liquidated Damages

Damages agreed upon by the parties to a contract to be paid in case of a breach thereof (Article $2226$).

Exemplary or Corrective Damages

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

Father

case of death or incapacity

mother

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

Guardians

liable for damages caused by minors or incapacitated persons