Lecture 1 - Concept of Torts Flashcards
How is torts defined?
Torts consists in a violation of a right given or the omission of a duty imposed by law. Simply put, tort is a breach of a legal duty.
What are the elements of torts?
The elements of torts are the following:
1. Duty
2. Duty not from contract
3. Breach of the duty
4. Damage/Injury
5. Proximate Cause
Is malice an element for torts?
No. For unintentional torts, malice is not an element. While in intentional torts, malice must be present.
What are the different kinds of torts? Explain each briefly.
Torts have different kinds. These are:
1. Non-intentional Torts / Negligence - Under Article 1173, Civil Code, negligence is the omission of that degree of diligence which is required by the nature of the obligation and corresponding to the circumstances of persons, time and place.
- Intentional Torts - Includes conduct where the actor desires to cause the consequence of his act or believes the consequences are substantially certain to result from it.
- Strict Liability - There is strict liability in torts where the person is made liable independent of fault or negligence upon submission of proof of certain facts.
Article 2126 is one of the sources of Philippine Tort Law. It specifically provides for quasi-delict. What does it say?
Whoever by act or omission, causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict.
Article 19 is one of the sources of Philippine Tort Law. What does it specifically provide? What are its elements?
Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
Its elements are the following:
1. There is a legal duty or right
2. Which is exercised in bad faith
3. For the sole intent of prejudicing or injuring another
Article 20 is one of the sources of Philippine Tort law. What does it specifically provide?
Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.
Article 21 is one of the sources of Philippine Tort Law. What does it specifically provide? What are 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 damage.
Its elements are the following:
1. There is an act which is legal
2. But which is contrary to morals, good customs, public order or public policy
3. And it is done with intent to injury
What is the difference between good faith and bad faith in the context of Torts?
Good faith refers to the state of mind which is manifested by the acts of the individual concerned. It consists of the intention to abstain from taking an unconscionable and unscrupulous advantage of another.
Bad faith does not simply connote bad judgment or simple negligence, it involves a dishonest purpose or some moral obligation and conscious doing of a wrong, a breach known duty due to some motives or interest or ill will that partakes of the nature of fraud.
What is the difference between vicarious liability and respondeat superior?
Vicarious liability, or otherwise known as imputed liability, is a legal rule that holds a person or company responsible for actions committed by other or their employees. Typically, it applies to those who are in control of people who cause harm to others.
Respondeat superior on other hand, refers to when the employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under respondeat superior, the employer or the agent must commit the wrong act while working in the scope of the employment or agency.
