Finals Flashcards
Accident or Fortuitous Events
Article 1174. Except in cases expressly specified by the law, or when it is otherwise declared by
stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be
responsible for those events which, could not be foreseen, or which, though foreseen, were inevitable.
Damnun Absque Injuria
(1) The defendant should have acted in a manner that is
contrary to morals, good customs or public policy; (2) The acts should be willful; and (3) There was
damage or injury to the plaintiff.
Plaintiff’s Conduct (Article 2179)
Art. 2179. When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant’s lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded.
NOTE: If the plaintiff’s injury was caused by his OWN NEGLIGENCE then he cannot ask for damages; but if he merely contributed then he can ask but only mitigated.
Doctrine of assumption of risk
The precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing therefrom. Also called Doctrine of volenti non fit injuria.
Prescription (Article 1146)
Article 1146. The following actions must be instituted within four years:
1. Upon injury to the rights of the plaintiff;
2. Upon a quasi-delict;
However, when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising from Martial Law including thearrest, detention and/or trial of the plaintiff, the same must be brought within one (1) year.
DOCTRINE OF RELATIONS / RELATIONS BACK DOCTRINE
That principle of law by which an act done at one time is considered by a fiction of law to have been done at some antecedent period. It is a doctrine which, although of equitable origin, has a well recognized application to proceedings at law; a legal fiction invented to promote the ends of justice or to prevent injustice end the occurrence of injuries where otherwise there would be no remedy. The doctrine, when invoked, must have connection with actual fact, must be based on some antecedent lawful rights. It has also been referred to as “the doctrine of relation back. ” [Allied Banking Corp. v. CA, GR 85868. Oct. 13, 1989]. Also called Doctrine of relation back.
STRICT LIABILITY RULE
Art. 2193. The head of a family that lives in a building or a part thereof, is responsible for damages caused by things thrown or falling from the same.
Owner of Animal Doctrine
Art. 2183. The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause, although it may escape or be lost. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage.
Manufacturers and processors of foodstuffs
Art. 2187. Manufacturers and processors of foodstuffs, drinks, toilet articles and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers.
DOCTRINE OF LAST CLEAR CHANCE
Where both parties are negligent in such a way that it would be impossible to determine whose negligence was the proximate cause of the accident, the party who had the last clear chance or to avoid the accident by the use of proper care but failed to do so is considered in law solely responsible for the consequences of the accident.a
DOCTRINE OF CONTRIBUTORY NEGLIGENCE
- If the negligence of the plaintiff cooperated with the negligence of the defendant in bringing about the accident causing the injury complained of, such negligence of the plaintiff would be an absolute bar to recovery.
- If the negligence of the plaintiff was merely contributory to his injury, the immediate and proximate cause of the accident causing the injury being the defendant’s negligence, such negligence would not be a bar to recovery, but the amount recoverable shall be mitigated by the courts.
Fortuitous Events
Art. 1174. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.
REQUISITES OF FORTUITOUS EVENT:
- The event must be independent of human will
- The event could not be foreseen or unavoidable
- The event must be of such character to render it impossible for obligor to comply with this obligation in a normal manner
- The obligor must be free from any participation or in the aggravation of the event.
MEDICAL MALPRACTICEMEDICAL MALPRACTICE
Medical malpractice is a particular form of negligence which consists in the failure of a physician or surgeon to apply to his practice of medicine that degree of care and skill which is ordinarily employed by the profession generally, under similar conditions, and in like surrounding circumstances.
ELEMENTS of MEDICAL MALPRACTICE:
A. The physician or surgeon has a duty to treat, provide care, and diagnose a patient.
B. There is a breach of duty; there can be a breach if the physician failed to exercise that degree of care required by the profession.
C. There is injury to the patient
D. There is a proximate cause; causal connection between the breach and injury
What is the degree of care required to those persons engaged in the medical field?
GENERAL RULE: Reasonable care or Ordinary Care (applies to generalist; General Physician- broad
area not limited to a specialized field)
Exception: Extraordinary Care or Special Care (applies to specialist: ex. cardiologist)- these people
undertook special training.
ELEMENTS of EMOTIONAL DISTRESS:
A. The conduct of the defendant is intentional or in reckless disregard of the plaintiff “callous”
B. The conduct was extreme and outrageous;
C. There was causal connection between the defendant’s conduct and the mental distress
D. The plaintiff’s mental distress was extreme and severe.
TORTIOUS INTERFERENCE (Art. 1314)
Article 1314. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party.
ELEMENTS of TORTIOUS INTERFERENCE:
A. There is a valid contract;
B. There should be a knowledge that there is an existence of a contract;
C . There is interference by a third person without legal or valid justification or reason; and
D. The interference is acted with malice.
Actual Damages Defined
Art. 2199. Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory damages.
COVERAGE of Actual Damages:
- Actual Value of the losses
- Unrealized profits
- Loss of earning capacity
- Injury to the plaintiff’s business or commercial credit.
Damages in case of Deat
- Entitled to at least three thousand pesos- but jurisprudence provides that the indemnity to
death ranges from 50k to 75k. - The defendant shall be liable for the loss of the earning capacity of the deceased, and the
indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed
and awarded by the court, unless the deceased on account of permanent physical disability not
caused by the defendant, had no earning capacity at the time of his death; - If the deceased was obliged to give support according to the `provisions of Article 291, the
recipient who is not an heir called to the decedent’s inheritance by the law of testate or intestate
succession, may demand support from the person causing the death, for a period not exceeding
five years, the exact duration to be fixed by the court; Q: How about illegitimate spouse? NO,
only legitimate spouses are entitled but illegitimate children are entitled. - The spouse, legitimate and illegitimate descendants and ascendants of the deceased may
demand moral damages for mental anguish by reason of the death of the deceased. - May also be entitled to exemplary damages, as an accessory damage to moral damages, etc.
May also be entitled to Attorney’s fees if prayed for in the complaint.
- May also be entitled to exemplary damages, as an accessory damage to moral damages, etc.
When may attorney’s fees be recovered?
Art. 2208. In the absence of stipulation, attorney’s fees and expenses of litigation, other than
judicial costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendant’s act or omission has compelled the plaintiff to litigate with third
persons or to incur expenses to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
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(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff’s
plainly valid, just and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers and skilled workers;
(8) In actions for indemnity under workmen’s compensation and employer’s liability laws;
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that attorney’s fees and
expenses of litigation should be recovered.
In all cases, the attorney’s fees and expenses of litigation must be reasonable.
