Intentional Torts to Strict Liability Flashcards
What is intentional tort?
It is a kind of tort where there is culpable intent to commit the act that causes damage or injury to another.
NCC Art. 19- Principle of abuse of rights
Every person must, in the exercise of his rights and performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
What are the elements of the principle of abuse of right under Art. 19 of NCC?
a. There is a legal right or duty
b. Such legal right or duty is exercised or performed, as the case may be, in bad faith; and
c. for the sole intent of prejudicing or injuring another
NCC Art. 20- Resort to action for damages for violation of law
Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter of the same.
What is Tortious Interference in a Contract and its corresponding elements?
- Existence of a valid contract
- Knowledge on the part of the third person of the existence of contract
- Interference of the third person is without legal justification or excuse
NCC Art. 21- Acts Contra Bonus Mores and its elements
Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the same.
Elements:
a. there is an act which is legal
b. but which is contrary to morals, good custom, public order, or public policy; and
c. it is done with intent to injure
What is an independent civil action?
An action for damages that can be brought separately and independently from the criminal action and requires only a preponderance of evidence to hold one liable.
It refers to Art. 32, 33, 34 and 2176 of the NCC.
NCC Art. 32: Liability for Damages for Violation of Rights and Liberties
Ratio: The purpose is to provide a sanction to the deeply cherished rights and freedoms enshrined in the Constitution.
NCC Art. 33
In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party.
What is Strict Liability under the NCC?
It literally means liability without fault.
Examples:
2183- Possessor of animal
2187- Product Liability of tort
2193- Liability of Head of the Family
NCC Art. 2183: Possession of animals
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.
NCC Art. 2187: Product Liability Tort
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.
NCC Art. 2193: Liability of Head of the Family
The head of a family lives in a building or a part thereof is responsible for damages caused by things thrown or falling from the same.
Is Art. 19 an actionable tort by itself?
No. It is not an actionable tort by itself. It merely describes the degree of care required so that an actionable tort may arise when it is alleged together with Art. 20 and Art. 21.
What are the elements of Art. 19?
- Existence of Legal Right or duty
- Which is exercised in bad faith
- For the sole intent of prejudicing or injuring another
Can you invoke good faith as a tortfeasor?
NO. It does not excuse you in violation of Art. 19, 20 and 21. For such acts are separate from wrong doing against Art. 19, 20 and 21.
