Article 1162 Flashcards
1
Q
Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Titlle XVII of this Book, and by special laws
A
Article 1162
2
Q
Article 1162 are obligations arising from quasi-delicts or torts.
True or false?
A
True
3
Q
What are the 5 requisites of quasi-delict?
A
- There must be an act or omission
- There must be fault or negligence
- There must be damage caused
- There must be direct relation or nonnection of cause and effect between the act or omission and the damage
- There is no pre-existing contractual relation between the parties
4
Q
Difference of Crime to Quasi-delict
A
- In crime, there is criminal or malicious intent or negligence
- The purpose is punishment
- Crime affects public interest
- Crime has generally 2 liabilities: criminial and civil
- Criminal liability can. not be compirsed or settled by the parties themselves
- In crime, The guilt of the accused must be proved beyond reasonable doubt.
5
Q
Difference of Quasi-delict to Crime
A
- There is only negligence
- Indemnification of the offended party
- Concerns private interest
- There is only civil liabity
- can be comprised as any other civil liability
- The fault, or negligence of the defendant need only be proved by preponderance of evidence