Thoughts on the Middle East, History and Religion
Thoughts on the Middle East, History and Religion
It is a wrong against an individual, rather than a crime against the public.
De Leon outlines that while the Philippine legal system is fundamentally rooted in Civil Law, its tort system is a hybrid. The civil law concept of ( culpa aquiliana or culpa extra-contractual ) forms the statutory bedrock of liability. However, the broader, more versatile common law concepts of "Torts" have been heavily integrated through statutory law and Supreme Court jurisprudence. Civil Law ( Quasi-Delict ) Common Law ( Tort ) Origin Roman Law / Spanish Civil Code Anglo-American Judicial Precedents Scope Restricted primarily to negligence Covers negligence, intentional acts, and strict liability Codification Expressly written in Article 2176 of the Civil Code Primarily evolved through evolving case law Foundational Principles of Quasi-Delicts
The book devotes extensive discussion to the under Philippine law:
"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..." Essential Elements of a Quasi-Delict torts and damages de leon
: A direct, natural, and continuous sequence between the breach of duty and the resulting injury. Negligence: The "Good Father of a Family" Standard
If you want to compare De Leon with other popular authors used in the curriculum: Timoteo B. Aquino : His book, Torts and Damages
This is arguably the most used section in litigation. De Leon classifies damages with a mnemonic clarity rarely found in law books: It is a wrong against an individual, rather
The duty of care was breached. The proximate cause of the loss? Not the swerve alone, but the initial omission: the failure to use the custom crate. As De Leon writes, the defendant is liable for all damages that are the natural and probable consequences of the act or omission.
A successful tort claim requires establishing specific elements.
, is a frequent alternative known for its clear, academic style. Ed Vincent A. Albano III : Offers a Commentary & Jurisprudence version available at Central Books that has the 2019 edition in stock? However, the broader, more versatile common law concepts
De Leon's text frequently references landmark cases such as: Torts and Damages - UST Civil Law
are imposed by law (rules of conduct) regardless of any agreement .
Under Article 2180 of the Civil Code, a person is held liable not only for their own tortious acts but also for the acts of those persons for whom they are responsible. De Leon breaks down these relationships systematically: