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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Article 1162 are obligations arising from quasi-delicts or torts.

True or false?

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly