Torts & Damages AUF School of Law Atty. Saben C. Loyola CHAPTER 1 GENERAL CONSIDERATIONS Torts – (Fr) torquere ; to twist – common law: unlawful. View Torts-and-Damages-Reviewer from LAW at University of the Philippines Cebu. Torts and Damages I. Concept/ Definition The term “ Tort ” is of. The tort is the cause, while the effect is manifested in damages. Classes of Actions. 1. Cayo, Rosa. 1. Lecture Notes and Notes from Jona Bautista's Reviewer.


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Torts and Damages Reviewer: Torts and Damages Memory Aid by Ateneo Law

The right or duty is exercised in bad faith 3. In these cases, liability to pay moral damages may not be imposed on the defendant who acted in good faith. In the exercise of his legal right or duty b. There torts and damages reviewer an act which is legal 2. But which is contrary to morals, good custom, public order or public policy 3.

Breach of a promise to marry by itself is not actionable.

In cases where there is another act independent of the breach of a promise to marry which gives rise to liability a. Cases where there was financial damage b. Social humiliation caused to one of the parties torts and damages reviewer.

Where there was moral seduction d. If the breach was done in a manner that is clearly contrary to good morals Gashem Shookat Baksh v. CA — moral seduction connotes the idea of deceit, enticement, superior power or abuse of confidence on the part of torts and damages reviewer seducer to which the woman has yielded for which the seducer can be held liable for damages Constantino v.

Mendez — Sexual intercourse is not by itself a basis for recovery but damages could be awarded if the sexual intercourse is not a product of voluntariness or mutual desire Tanjanco v.

CA — For one whole year, the plaintiff, a woman of adult age, maintained intimate sexual relations with the appellant with repeated acts of intercourse.

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There is here voluntariness and mutual passion. The landowner is limited to the options given to him under article b.


IAC, SCRA — it may cover cases where the defendant was deprived of personal property for the purpose of obtaining possession of real property. The defendant who was landlord, was held torts and damages reviewer because he deprived the plaintiffs, his tenants of water in order to force them to vacate the lot they were cultivating.

CA — The right to disconnect and deprive the customer, who unreasonably fails to pay his bills of electricity should be exercised in accordance with the law and rules. If a company disconnects the electricity service without prior notice as required by the rules, the company commits a tort under Art.

A doctor who performs an illegal abortion is criminally liable under Art. CA, 2 SCRA — Husband of a woman who voluntarily procured her abortion may recover damages from the physician who torts and damages reviewer the same on account of distress and mental anguish attendant to the loss of the unborn child and the disappointment of his parental expectation.

Torts and Damages Reviewer

The fact of the prosecution and the further fact that the defendant was himself the prosecutor; and that the action was finally terminated with an acquittal b. That in bringing the action, torts and damages reviewer prosecutor acted without probable cause c.

The prosecutor was actuated or impelled by legal malice NOTE: Presence absence of malice. CA — Absence of malice signifies good faith on the part of the defendant, good faith may even be based on mistake of law.

Acquittal presupposes that a criminal information is torts and damages reviewer in court and final judgment rendering dismissing the case, nevertheless, prior acquittal may include dismissal by the prosecutor after preliminary investigation.

Oscar Leviste - A person can be held liable for damages for slapping another in public.

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