Torts And Damages De Leon -

This guide provides a structured overview of Philippine Torts and Damages , primarily based on the seminal textbook " Comments and Cases on Torts and Damages " by Hector S. De Leon and Hector M. De Leon, Jr. . I. Conceptual Framework

Under Philippine law, torts are broadly categorized into intentional acts, negligence (quasi-delict), and strict liability .

Definition: A tort is a civil wrong, other than a breach of contract, for which the court provides a remedy through an action for damages . Distinction from Contract: Contract duties are created by the agreement of parties. torts and damages de leon

Tort duties are imposed by law (rules of conduct) regardless of any agreement .

Legal Basis: The primary foundation is Article 2176 of the Civil Code: "Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done" . II. The Concept of Quasi-Delict This guide provides a structured overview of Philippine

Quasi-delict (also known as culpa aquiliana) is the most common form of tort in the Philippines . Essential Elements: Act or Omission: A specific behavior or failure to act. Damage or Injury: Actual loss suffered by the plaintiff.

Fault or Negligence: Failure to observe the degree of care required by the circumstances. if done in connection with work

Causal Connection: The act or omission must be the proximate cause of the injury.

No Pre-existing Contract: Generally, there should be no contractual relationship between the parties that governs the specific harm . III. Negligence and Defenses

Special Topics

• Vicarious liability and respondeat superior: employers responsible for employees’ torts within scope of employment.
• Joint and several liability: defendants can be held individually responsible for full judgment; regimes vary by jurisdiction.
• Product liability: theories include negligence, strict liability, and breach of warranty; design, manufacturing, and warning defects considered.
• Medical malpractice: specialized duty, standard of care, and often statutory requirements (expert affidavit, caps).

4. Scope of Torts Covered

The book classifies torts into:

1. Negligent Torts (Quasi-Delicts) – e.g., vehicular accidents, medical malpractice (non-contractual), slip and fall cases.
2. Intentional Torts – e.g., assault, battery, defamation (libel/slander), false imprisonment, trespass.
3. Strict Liability Torts – Liability without fault (e.g., damage caused by dangerous animals under Article 2183, or defective products under special laws).

2. Solving the "Employer-Employee" Puzzle

The bar exam loves to test Article 2180: when is the employer liable? De Leon provides a checklist:

• The employee is acting within the scope of assigned tasks.
• The act is for the benefit of the employer.
• Even if the act is forbidden, if done in connection with work, liability attaches.
• Exception: If the employer proves "diligence of a good father of a family" in selection and supervision.