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Note: prior the exam, (1) get all definitions/ doctrines in the cases; (2) identify in each case who is
liable for damages and legal basis for holding him liable.
Tort may be an offense against an individual; but in the same time, it may be a crime.
Traditional concept of QD = excludes intentional or malicious acts and acts arising from pre-
existing contracts; However, SC held that tortous acts or omission gives rise to two obligations:
one based on crime committed and another based on QD. And the injured party is free to choose
one or both, but he may not recover twice. Thus, there is no longer distinction between
intentional and negligent injuries.
Tort may also arise from contractual relations (e.g. contract induced by fraudulent
representation; misappropriation of trust fund [which may be a tort or a breach of contract])
Element of QD:
(2) negligence – failure to observe the degree of diligence which the circumstances
demands; failure to do what a reasonable man would have done in the circumstances; or
doing what a reasonable man would not do in given circumstances.
negligence is not absolute, but relative depending upon the situation of the parties
test of determining negligence: Would a prudent man, in the position of the person
to whom the negligence is attributed, foresee harm to ther person injured as a
reasonable consequence of the course about to be pursued.
Art. 2176 covers not only acts “not punishable by law” but also acts criminal incharacter,
whether intentional and voluntary or negligent.
In case of different award of damages in two different proceedings (i.e. criminal and civil case),
the aggrieved party may recover only to bigger award of the two. (note: he may not recover
twice, only the bigger award).
(1) When a fault or negligence is punished as law as a crime, Art. 2176 is not applicable. (i.e.
in case of homicide through reckless imprudence, or estafa.
(2) When there exist a pre-existing contractual relationship of ER-EE
(3) the action prescribed (prescription = 4 years)
(4) Injury is a result of fortuitous event
(5) damnum absque injuria
Medical malpractice (i.e. medical negligence), elements: (1) duty; (2) breach; (3) injury; and
(4) proximate cause.
US Doctrine
Schloendorff Doctrine. Doctrine which regards a physicial, vene if employes, as an
independent contractor because the skill he exercised and the lack of control exerted over
his work.
Respondeat superior. The employer is liable for the acts of its employee