XI. Torts and Quasi-delicts

XV. TORTS AND DAMAGES

A. Common Principles

B. Classification of Torts

C. The Tortfeasor; Joint and Direct Liabilities (Civil Code, art. 2194)

D. Proximate Cause; Concept; Doctrine of Last Clear Chance

E. Vicarious Liability (Civil Code, art. 2180; Family Code, art. 211)

F. Res Ipsa Loquitur

G. Damnum Absque Injuria

H. Defenses in Tort Actions

I. Medical Negligence and Malpractice

J. Damages; Kinds of Damages; When May Be Recovered (Civil Code, arts. 2197 and 2216)

K. Damages in Case of Death

L. Duty of Injured Party

Remedies for Torts (CPR):

• Compensatory – actions for sum of money for the damage suffered
• Preventive – prayer for injunction, a writ of preliminary injunction, and a temporary restraining order, enjoining the defendant from continuing the doing of the tortious conduct.
• Restitution – to return gains that the defendant wrongfully obtained by tort.

DELICTS (OBLIGATION EX MALEFICIO OR EX DELICTO)

Every person criminally liable for a felony is also civilly liable. (An Act Revising the Penal Code and Other Penal Laws [REVISED PENAL CODE], Act No. 3815, art. 100 (1932))

Such civil liability is a necessary consequence of criminal responsibility, and is to be declared and generally enforced in the criminal proceeding EXCEPT where:

• the injured party reserves his right to avail himself of it in a distinct civil action or
• in cases where an independent civil action is allowed by law.

Scope of civil liability

• Restitution
• Reparation for damage caused
• Indemnity for consequential damages