Title 14 - (365) Flashcards
365
Imprudence and Negligence
note
- no conspiracy in culpable felonies
what is negligence?
is deficiency of perception [or] lack of foresight: the failure to foresee impending injury, thoughtlessness, failure to use ordinary care.
Both result to a culpable felony
what is reckless imprudence
consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of PRECAUTION on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.
note
- : If the danger to another is visible and consciously appreciated by the accused
what is imprudence
deficiency of action in avoiding an injury due to lack of skill.
Both result to a culpable felony
what is simple imprudence
consists in the lack of precaution displayed in those cases in which the damage impending to be caused is NOT immediate nor the danger (NOT) clearly manifest.
note
- e if the injury is not immediate or openly
visible.
What degree of diligence is required by law?
it varies with the nature of the situation in which a person is placed
When is negligence presumed?
if at the time the accident occurred, the accused was violating a regulation the purpose of which was to prevent the accident.
[ex]
a violation of any traffic rules presumes negligence on part of the offender.
Defenses allowed when both offended and offender were both negligent
the doctrine of last clear chance will be possible where the one who had sufficient opportunity to avoid the accident after noticing the danger (Picart v. Smith)
Picart was on his horse riding the opposite lane, Smith was driving following all traffic rules, picart’s horse turned and smith avoided the impending danger but swerving thus hitting Pedro.
Smith was taken into court. What are his defense?
Invoke the Emergency Rule
under the Emergency Rule due to the negligence of another, the accused was compelled to avoid impending danger and in doing so injured another.
The effect therefore is that of an exempting circumstance of an ACCIDENT
Picart was on his horse riding the opposite lane, Smith was driving following all traffic rules, picart’s horse turned and smith avoided the impending danger but swerving thus hitting Pedro.
Smith invoked contributory negligence in the criminal case. will it prosper?
No, contributory negligence in a criminal case will NOT prosper
one cannot allege negligence of another to evade the effects of his own negligence
Pedro instituted a civil liability ex delicto against smith for causing him harm while the criminal case is to start in the future. during the case,
Smith invoked contributory negligence in the civil case. will it prosper?
yes, the effect of contributory negligence is that it mitigates civil liability of the accused
If, in a vehicular accident, the accused abandons the victims, this act will result to the imposition of a penalty one degree higher. Except in the following instances:
a) if he leaves because he is in imminent danger of being harmed
b) he leaves to report to the police or
c) to summon a physician, nurse or doctor.
