Torts And Damages Finals (Torts and Damages By Aquino)

Question 1

Proximate Cause

Answer 1

Proximate cause is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. It is also described as the dominant, moving, or producing cause.

Other definitions of proximate cause inject the element of foreseeability.

Question 2

Distinguish proximate cause from remote cause, nearest cause, and concurrent causes.

Question 3

What are the requirements of quasi-delictual actions?

Answer 3

1. Negligence
2. Damage
3. The causal connection between the damage and the negligent act or omission

Question 4

What are the tests for proximate cause?

Answer 4

1. Cause-in-fact tests
   a. Sine qua non test
   b. Substantial factor test
   c. Necessary element of sufficient set test (NESS)
   d. First stage only
2. Policy tests of negligence

Question 5

Distinguish cause from conditions.

Question 6

What are the types of dangerous conditions?

Answer 6

1. Those that are inherently dangerous
2. Those where a person places a thing which is not dangerous in itself, in a dangerous position
3. Those involving products and other things which are dangerous because they are defective

Question 7

What are damages?

Question 8

Explain the latin maxim ‘damnum absque injuria’.

Question 9

According to Article 2197, what are the different types of damages? Explain each.