SDL INFO_ REVISED

Introduction

• Bioethics involves ethical issues related to life sciences and medical practices.

• Legal References: "With God all things are possible." – Matthew 19:26

Tort Law

• Definition: A tort is a civil wrong causing damage to another; liability may arise from act or omission.

• Legal Basis: Article 2176 of the Civil Code.

Types of Torts

1. Negligence

   • Definition: Failure to exercise reasonable care leading to harm.

   • Examples: A driver texting while driving; a nurse administering incorrect medication.

2. Intentional Torts

   • Definition: Deliberate actions causing harm (e.g., assault, battery).

3. Strict Liability

   • Definition: Liability without fault, often in dangerous activities or defective products.

Elements of Negligence

1. Duty of Care

   • Obligation to prevent harm.

   • Example: Nurses administering correct medication.

2. Breach of Duty

   • Failing to meet that obligation.

   • Example: A nurse ignoring standard procedures.

3. Causation

   • Defendant’s breach caused plaintiff’s harm.

   • Actual Cause: "But-for" test.

   • Proximate Cause: Harm must be foreseeable.

4. Damages

   • Plaintiff suffered actual harm (physical, financial, emotional).

   • Example: Medical expenses due to negligence.

Intentional Torts

• Definition: Require intended acts causing harm.

• Examples of Intentional Torts to Persons:

  1. Civil Assault: Causes apprehension of harm without contact.

  2. Battery: Actual harmful or offensive contact.

  3. Defamation: False statement harming reputation.

  4. Intentional Infliction of Emotional Distress: Extreme conduct causing distress.

  5. False Imprisonment: Confinement without consent.

Defenses to Intentional Torts

• Consent: Agreement to the act.

• Self-Defense: Reasonable force used to protect oneself.

Types of Damages

1. Actual or Compensatory Damages: Restores position before harm.

2. Moral Damages: Compensates for emotional distress.

3. Exemplary Damages: Punitive to deter gross negligence.

4. Liquidated Damages: Pre-determined compensation in contracts.

5. Temperate Damages: Awards where loss cannot be precisely quantified.

6. Nominal Damages: Recognizes rights violation without significant loss.

Quasi-Delict

• Definition: Negligent acts causing harm without malicious intent.

• Civil liability akin to intentional acts.

Delict

• Definition: Obligation to pay for wrongful acts.

• Involves causing damage or committing a tort.

Criminal Liability (Article 4)

• Incurred when committing a felony or related minor act.

• Types of Negligence:

  1. Culpa Contractual: Negligence in contractual obligations.

  2. Culpa Aquiliana: Quasi-delict negligence.

  3. Culpa Criminal: Recklessness leading to crime.

Negligence vs. Imprudence

• Negligence: Failure to foresee harm; lacks reasonable care.

• Imprudence: Lack of skill or caution leading to harm.

• Imprudence relates to reckless or hasty actions.

Assault and Battery

• Assault: Intentionally creating apprehension of imminent harm.

• Battery: Actual physical contact that causes harm.

  • Defenses: Self-defense, duress, and consent.

Justifying Circumstances**

• Definition: Legal defenses providing justification for actions taken that would normally incur liability.

• Types:

  1. Self-Defense: Reasonable force in response to aggression.

  2. Defense of Relatives: Protecting family members.

  3. Defense of Strangers: Protecting non-relatives under aggression.

  4. Avoiding Greater Evil: Causing harm to prevent a greater risk.

  5. Lawful Duty: Complying with lawful orders.

Criminal Liability Categories (RPC)

1. Principals: Directly involved in crime.

   • Types: Direct participation, induction, or cooperation.

2. Accomplices: Support crime without direct involvement.

3. Accessories: Assist after crime is committed.

Res Ipsa Loquitur**

• Definition: Legal doctrine allowing negligence presumption without direct evidence.

• Requirements:

  1. Type of accident must not occur without negligence.

  2. Caused by something under defendant's control.

  3. No contribution to harm by plaintiff.

Respondeat Superior**

• Definition: Doctrine holding employers responsible for employees' actions within employment scope.

• Civil Code of the Philippines Sections:

  • Article 2180: Discusses liability of guardians, owners, managers, and the State for employees' acts.

Defenses and Considerations**

• Last Clear Chance: Sole responsibility falls on the party with opportunity to avoid accident.

• Assumption of Risk: Plaintiff voluntarily assumes risks of activities.

• Prescription: Causes of action must be filed within four years post-incident.