This document discusses torts and damages under Philippine law. It defines a tort or quasi-delict as an act or omission that causes damage to another due to fault or negligence, where there is no pre-existing contract. It outlines the elements required for tort liability and exceptions. It also discusses types of damages (actual, moral, exemplary, etc.), principles of liability (last clear chance, emergency rule, vicarious liability), and persons who can be held liable for damages caused by others.
Understanding the CGL Policy In California johngreen
The document summarizes key components and concepts related to comprehensive general liability (CGL) insurance policies in California, including:
- CGL policies provide coverage for bodily injury, property damage, personal injury, and advertising injury for which the insured becomes legally obligated to pay.
- Coverage is triggered by an "occurrence" during the policy period and the insurer has a duty to defend any suit seeking covered damages.
- Policy provisions like exclusions, conditions, and definitions are interpreted based on the "plain meaning rule" and "objectively reasonable expectations" doctrines.
- Common exclusions bar coverage for damage to the insured's own property, products, or work, as well as for pollution, professional services, and
230 PHILIPPINE LEGAL DOCTRINES (AS OF 2020) RESEARCHED AND COMPILED BY PROF. ...HUDCC
This document lists and defines 230 Philippine legal doctrines compiled by Professor Alvin T. Claridades for bar examination reviewees, law students, professors and practitioners. It provides brief descriptions of various doctrines, including the doctrine of absolute privilege which protects statements made in legislative assemblies or judicial proceedings from defamation claims, and the doctrine of adherence of jurisdiction which holds that a court retains jurisdiction to enforce and execute a judgment even after it becomes final.
POOL OF (300+) PHILIPPINE LEGAL DOCTRINES COMPILED BY PROF. ALVIN T. CLARIDAD...HUDCC
This document provides a summary of 30 Philippine legal doctrines, as compiled by Atty. Alvin T. Claridades. Some of the doctrines summarized include:
1. Doctrine of a fair day's wage for a fair day's labor, which governs the relationship between labor and capital.
2. Doctrine of abandonment, which requires employers to make efforts to contact employees before dismissal for abandonment.
3. Doctrine of absolute privilege, which protects defamatory statements made in legislative assemblies or judicial proceedings.
4. Doctrine of absorption of common crimes, which holds that the ingredients of a crime are absorbed by that crime and cannot be punished separately or as
Negligence refers to the failure to exercise reasonable care that results in harm to another person. There are two theories of negligence - the subjective theory which views negligence as a state of mind, and the objective theory which is now generally accepted and views negligence as a failure to meet the standard of a reasonable person. To prove negligence, a plaintiff must show that the defendant owed them a duty of care, that duty was breached, injury resulted, and the breach caused the injury. There are tests to determine if a duty of care exists between the parties, such as foreseeability of harm, proximity of the relationship, and whether it is fair, just and reasonable to impose liability. Professionals may have a higher standard of
- Tort law governs negligence claims in construction. Negligence involves a wrongful act or omission that violates a duty of care and causes reasonably foreseeable harm.
- Key cases established that construction professionals like engineers owe a duty of care not just to their clients but also to foreseeably affected third parties. This allows claims for economic losses from negligent statements or defective work.
- The scope of recoverable economic losses in tort expanded but was later reined in by courts requiring physical damage from latent defects, not just costs to remedy work. Malaysian courts have allowed some recovery for economic losses in construction negligence cases.
What Can You Claim for Breach of A Construction Contract?Sarah Fox
A summary of the law setting out the damages you can claim in the event that someone breaches their contract with you.
The note was developed by Sarah Fox, author of the 500-Word Contract. The tips and techniques from her 500-Word series of talks, workshops and contract coaching will help you create simple, ethical contracts you can read, use and understand.
Contact her by email sarah@500words.co.uk or for more information, visit her website www.500words.co.uk
1) The document discusses negligence claims and defenses against negligence claims. It provides activities to help describe elements of negligence, defenses to negligence, and how negligence applies to landowners.
2) The activities are designed as games or group discussions and include questions about different negligence concepts like duty of care, proximate cause, defenses like contributory negligence, and scenarios analyzing negligence of landowners.
3) The document also covers intentional torts, providing an activity where groups research and present on specific intentional torts like battery, assault, and defamation. The activity addresses elements, defenses, and examples for different intentional torts.
An overview of the role of tort on construction projects - claims which can be brought in the civil courts against a member of the project team, and outside the provisions of a contract.
The note was developed by Sarah Fox, who helps construction specialists understand their contracts - and how they are supplemented by implied terms and tortious duties.
www.500words.co.uk
Understanding the CGL Policy In California johngreen
The document summarizes key components and concepts related to comprehensive general liability (CGL) insurance policies in California, including:
- CGL policies provide coverage for bodily injury, property damage, personal injury, and advertising injury for which the insured becomes legally obligated to pay.
- Coverage is triggered by an "occurrence" during the policy period and the insurer has a duty to defend any suit seeking covered damages.
- Policy provisions like exclusions, conditions, and definitions are interpreted based on the "plain meaning rule" and "objectively reasonable expectations" doctrines.
- Common exclusions bar coverage for damage to the insured's own property, products, or work, as well as for pollution, professional services, and
230 PHILIPPINE LEGAL DOCTRINES (AS OF 2020) RESEARCHED AND COMPILED BY PROF. ...HUDCC
This document lists and defines 230 Philippine legal doctrines compiled by Professor Alvin T. Claridades for bar examination reviewees, law students, professors and practitioners. It provides brief descriptions of various doctrines, including the doctrine of absolute privilege which protects statements made in legislative assemblies or judicial proceedings from defamation claims, and the doctrine of adherence of jurisdiction which holds that a court retains jurisdiction to enforce and execute a judgment even after it becomes final.
POOL OF (300+) PHILIPPINE LEGAL DOCTRINES COMPILED BY PROF. ALVIN T. CLARIDAD...HUDCC
This document provides a summary of 30 Philippine legal doctrines, as compiled by Atty. Alvin T. Claridades. Some of the doctrines summarized include:
1. Doctrine of a fair day's wage for a fair day's labor, which governs the relationship between labor and capital.
2. Doctrine of abandonment, which requires employers to make efforts to contact employees before dismissal for abandonment.
3. Doctrine of absolute privilege, which protects defamatory statements made in legislative assemblies or judicial proceedings.
4. Doctrine of absorption of common crimes, which holds that the ingredients of a crime are absorbed by that crime and cannot be punished separately or as
Negligence refers to the failure to exercise reasonable care that results in harm to another person. There are two theories of negligence - the subjective theory which views negligence as a state of mind, and the objective theory which is now generally accepted and views negligence as a failure to meet the standard of a reasonable person. To prove negligence, a plaintiff must show that the defendant owed them a duty of care, that duty was breached, injury resulted, and the breach caused the injury. There are tests to determine if a duty of care exists between the parties, such as foreseeability of harm, proximity of the relationship, and whether it is fair, just and reasonable to impose liability. Professionals may have a higher standard of
- Tort law governs negligence claims in construction. Negligence involves a wrongful act or omission that violates a duty of care and causes reasonably foreseeable harm.
- Key cases established that construction professionals like engineers owe a duty of care not just to their clients but also to foreseeably affected third parties. This allows claims for economic losses from negligent statements or defective work.
- The scope of recoverable economic losses in tort expanded but was later reined in by courts requiring physical damage from latent defects, not just costs to remedy work. Malaysian courts have allowed some recovery for economic losses in construction negligence cases.
What Can You Claim for Breach of A Construction Contract?Sarah Fox
A summary of the law setting out the damages you can claim in the event that someone breaches their contract with you.
The note was developed by Sarah Fox, author of the 500-Word Contract. The tips and techniques from her 500-Word series of talks, workshops and contract coaching will help you create simple, ethical contracts you can read, use and understand.
Contact her by email sarah@500words.co.uk or for more information, visit her website www.500words.co.uk
1) The document discusses negligence claims and defenses against negligence claims. It provides activities to help describe elements of negligence, defenses to negligence, and how negligence applies to landowners.
2) The activities are designed as games or group discussions and include questions about different negligence concepts like duty of care, proximate cause, defenses like contributory negligence, and scenarios analyzing negligence of landowners.
3) The document also covers intentional torts, providing an activity where groups research and present on specific intentional torts like battery, assault, and defamation. The activity addresses elements, defenses, and examples for different intentional torts.
An overview of the role of tort on construction projects - claims which can be brought in the civil courts against a member of the project team, and outside the provisions of a contract.
The note was developed by Sarah Fox, who helps construction specialists understand their contracts - and how they are supplemented by implied terms and tortious duties.
www.500words.co.uk
1) Negligence requires proving duty of care, breach, and damage. Duty of care means the defendant owed a reasonable duty to the plaintiff. Breach means the defendant failed to meet the standard of care, and damage means the plaintiff suffered harm as a foreseeable result.
2) Common law established the neighbor principle - one must take reasonable care to avoid harming others who could foreseeably be injured. Later cases confirmed but limited this to consider other factors like proximity and public policy.
3) Statutes also establish duties, like occupiers owing a duty of care to visitors under the Occupiers Liability Act. This requires occupiers take reasonable care for visitor safety given the invitation and circumstances.
Debra Grimaila | Identification of common torts (intentional and unintentional). An Introduction to the Legal Aspects of Investing and Establishing a Business in Canada.
The document discusses provisions from the Civil Code and Revised Penal Code of the Philippines related to torts and civil liability. It defines quasi-delict as fault or negligence that causes damage without a contractual relationship between the parties. It also outlines how civil liability can arise from criminal acts and different parties that may be civilly liable, such as principals, accomplices, accessories, innkeepers, employers and others. The obligations to pay restitution, reparation and indemnification are described along with how such civil liability can be extinguished according to the Civil Code.
Quantity surveyors proffesion the parties involved in the construction advic...steve wanjiku
1. The document discusses the importance of tort law for quantity surveyors in East Africa through concrete examples. It covers topics like negligence, vicarious liability, defamation, and nuisance.
2. As legal advisors to clients and contractors, quantity surveyors could face professional negligence claims if they breach their duty of care. They are also vicariously liable for the actions of contractors. Defamation and nuisance laws are important to understand in order to advise clients.
3. Understanding tort law allows quantity surveyors to properly advise clients, avoid costly legal claims, include necessary costs in budgets, and ensure projects are delivered on time and within budget. A working knowledge of torts is an important part of being
Chapter 7 – Negligence and Strict LiabilityUAF_BA330
This document provides an overview of negligence and strict liability in tort law. It defines the elements of negligence as duty, breach of duty, causation, and injury. It discusses the duty of care and reasonable person standard. It covers defenses like contributory negligence, assumption of risk, and causation principles like res ipsa loquitur. Special doctrines of premises liability, negligence per se, and strict liability are also summarized. The document aims to teach readers about the key concepts in negligence and strict liability tort claims.
Chapter 7 - Negligence and Strict LiabilityUAF_BA330
This document provides an overview of negligence and strict liability law. It defines the key elements of a negligence claim, including duty of care, breach of duty, causation and injury. It discusses the reasonable person standard for determining breach of duty. It also covers special doctrines in negligence law like premises liability, negligence per se, causation, defenses, and introduces the concept of strict liability. The document uses cases examples to illustrate the application of these legal concepts.
1. The document discusses the different sources and types of obligations under Philippine law, including obligations arising from law, contracts, quasi-contracts, delicts, and quasi-delicts.
2. It explains the key elements and requisites of an obligation, as well as the nature and effects of obligations. Obligations can be personal, requiring an act or omission, or real, requiring the delivery of a thing.
3. The duties of debtors in obligations to deliver things are outlined, whether the thing is determinate, generic, or limited generic. Available remedies for creditors in cases of non-performance are also summarized.
CONSTRUCTION DEFECT UPDATE - Insurance Coverage Litigation Section - Septembe...inversecondemnation
The document discusses the ongoing debate around insurance coverage for construction defects. Some courts have found that defective workmanship causing property damage does not constitute an "occurrence" and is therefore not covered. However, other courts and recent cases have found defective workmanship can be an "occurrence" if it causes unexpected and accidental property damage. The document also outlines how Hawaii law and courts have addressed this issue, including a state law attempting to clarify interpretation of "occurrence" based on the law at the time a policy was issued. It concludes by discussing a recent Hawaii appellate court case that found an insurer had a duty to defend against construction defect claims.
Instant Assignment Help Australia have drafted a PPT on “Aspects of Contract and Negligence”. For more PPT sample kindly mail us at :help@instantassignmenthelp.com.au or Call Us at: +61 879 057 034.
Foreign investment and technology transfer actNcell
This document discusses contracts of indemnity and guarantees under Nepalese law. It defines indemnity as a promise to compensate for loss or wrongdoing. A contract of indemnity involves two parties - the indemnifier who promises to cover losses of the indemnity holder. In contrast, a contract of guarantee involves three parties - the creditor, principal debtor, and surety. The surety promises to repay the debt of the principal debtor if they default. Key differences between the two include that indemnity covers unanticipated losses while guarantee provides security against anticipated debt default. Indemnity liability arises immediately upon loss, while guarantee liability is secondary to the principal debtor's default.
This document summarizes several recent court cases related to landlord liability and tenant harassment. It discusses how the U.S. Court of Appeals for the Second Circuit in Francis v. Kings Park Manor expanded landlord liability under the Fair Housing Act to include failing to address a racially hostile environment created by one tenant targeting another. It also discusses how New York common law typically shields landlords from liability for injuries caused by one tenant to another, unless the landlord had control over the assailant. The document then provides more details on these cases and decisions.
The document discusses the standard of care that corporations are required to meet regarding workplace violence prevention and emergency response. It states that corporations must implement reasonable policies and plans to prevent incidents like active shooters, and failure to do so can result in legal liability. The document then provides a detailed list of 15 services and responsibilities that should be included in a corporate emergency response plan to address the needs of victims, survivors, and their families in the event of a violent incident. These include timely family notification procedures, establishing family assistance centers, assisting with transportation, personal belongings, funeral arrangements, and more. The plan aims to ensure an appropriate level of support is provided to alleviate harm from deliberate indifference.
This document summarizes key concepts related to obligations and contracts under Philippine law. It defines an obligation as a legal duty to give, do, or not do something. There are various types and sources of obligations, including those arising from law, contracts, quasi-contracts, criminal offenses, and quasi-delicts. Contracts create obligations and must be performed in good faith. Quasi-contracts are obligations from lawful, voluntary acts that unjustly enrich another. Criminal offenses can result in civil obligations, governed by penal laws. Quasi-delicts are obligations from fault or negligence that causes damage. The document provides examples and classifications to illustrate these various obligation concepts under Philippine civil law.
This document provides an overview of criminal law and procedure in 3 chapters. It defines crimes and their elements, constitutional protections for criminal defendants, and the criminal procedure process. It also discusses key Supreme Court cases that have shaped criminal law, such as Skilling, Arthur Andersen, and Berghuis v. Thompkins. The document concludes by covering white collar crimes, computer crimes, and ethical issues around corporate wrongdoing.
The document discusses three scenarios regarding assault and battery coverage in commercial general liability policies:
1. A standard policy with no abuse/molestation exclusion may only provide defense coverage for assault claims, not indemnification, due to exclusions for expected/intended injury.
2. A policy with an abuse/molestation exclusion will likely result in a quick declination of coverage for assault claims.
3. Purchasing additional coverage through an endorsement can broaden coverage by modifying the policy language and removing certain exclusions, providing both defense and indemnification for assault claims in more situations. Agents should advise clients on available coverage options.
The document summarizes key concepts in business and company law and tort law:
1. It defines assault, battery, and false imprisonment in tort law. Assault refers to apprehension of harm, battery to actual physical harm, and false imprisonment to unlawful restraint of a person.
2. Revocation means withdrawal of an offer by the offeror before acceptance. An offer can generally be revoked at any time before acceptance under the rule in Payne v Cave.
3. It outlines the elements of negligence - duty of care, breach of duty, causation, and damages - and defenses like contributory negligence, voluntary assumption of risk, superseding acts, and illegality.
Torts lecture 3 Concepts maxims-1 tort against person, property, trespass,etc...SajadHussain59
This judgment from the High Court of Sindh concerns a case between the Pakistan Pharmaceutical Manufacturers' Association and the Controller of Patents. The Association filed applications challenging the patent granted to a pharmaceutical company. The High Court analyzed issues relating to patentability criteria such as novelty, inventive step, and industrial applicability. It also discussed the definition of "pharmaceutical substance" and examined whether the patent met the criteria. Ultimately, the Court set aside the patent, finding it did not satisfy the requirements to qualify as an invention within the meaning of patent law.
The document discusses the law of torts. It defines a tort as a civil wrong that allows the injured party to sue for damages. It explains that tort law is derived from common law principles and legislation, and differs from contract law in that it does not depend on an agreement between parties. Tort actions are brought by private citizens, not the government. Examples of torts discussed include negligence, which involves a breach of a duty of care that results in injury, and nuisance, which involves interfering with another's right to enjoy their property. Remedies for successful tort claims usually include damages, but injunctions may also be granted to prevent future harm in some cases. Two case examples are summarized relating to negligence liability.
1. Contract of Indemnity (special contracts).pptxmirzareesha29
The PPT explains the contract of indemnity, a part of special contract syllabus in the course of B.A. LL.B. It helps students understand the concept of indemnity in Indian contract act and its relationship with guarantee.
Bad Faith Insurance Law Overview, Oregon Alaska Idaho MontanaSeth Row
This document summarizes bad faith law in the Pacific Northwest states of Oregon, Alaska, Idaho, and Montana. It outlines the requirements to bring a bad faith claim in each state, such as needing a special relationship in Oregon or the claim not being fairly debatable in Idaho. The standard of care expected of insurers is also discussed for each state, for example, acting as an ordinarily prudent insurer would in Oregon. Potential remedies like damages, attorney fees, and estoppel are mentioned for the different states. Contact information is provided for the authors at the end.
1) Negligence requires proving duty of care, breach, and damage. Duty of care means the defendant owed a reasonable duty to the plaintiff. Breach means the defendant failed to meet the standard of care, and damage means the plaintiff suffered harm as a foreseeable result.
2) Common law established the neighbor principle - one must take reasonable care to avoid harming others who could foreseeably be injured. Later cases confirmed but limited this to consider other factors like proximity and public policy.
3) Statutes also establish duties, like occupiers owing a duty of care to visitors under the Occupiers Liability Act. This requires occupiers take reasonable care for visitor safety given the invitation and circumstances.
Debra Grimaila | Identification of common torts (intentional and unintentional). An Introduction to the Legal Aspects of Investing and Establishing a Business in Canada.
The document discusses provisions from the Civil Code and Revised Penal Code of the Philippines related to torts and civil liability. It defines quasi-delict as fault or negligence that causes damage without a contractual relationship between the parties. It also outlines how civil liability can arise from criminal acts and different parties that may be civilly liable, such as principals, accomplices, accessories, innkeepers, employers and others. The obligations to pay restitution, reparation and indemnification are described along with how such civil liability can be extinguished according to the Civil Code.
Quantity surveyors proffesion the parties involved in the construction advic...steve wanjiku
1. The document discusses the importance of tort law for quantity surveyors in East Africa through concrete examples. It covers topics like negligence, vicarious liability, defamation, and nuisance.
2. As legal advisors to clients and contractors, quantity surveyors could face professional negligence claims if they breach their duty of care. They are also vicariously liable for the actions of contractors. Defamation and nuisance laws are important to understand in order to advise clients.
3. Understanding tort law allows quantity surveyors to properly advise clients, avoid costly legal claims, include necessary costs in budgets, and ensure projects are delivered on time and within budget. A working knowledge of torts is an important part of being
Chapter 7 – Negligence and Strict LiabilityUAF_BA330
This document provides an overview of negligence and strict liability in tort law. It defines the elements of negligence as duty, breach of duty, causation, and injury. It discusses the duty of care and reasonable person standard. It covers defenses like contributory negligence, assumption of risk, and causation principles like res ipsa loquitur. Special doctrines of premises liability, negligence per se, and strict liability are also summarized. The document aims to teach readers about the key concepts in negligence and strict liability tort claims.
Chapter 7 - Negligence and Strict LiabilityUAF_BA330
This document provides an overview of negligence and strict liability law. It defines the key elements of a negligence claim, including duty of care, breach of duty, causation and injury. It discusses the reasonable person standard for determining breach of duty. It also covers special doctrines in negligence law like premises liability, negligence per se, causation, defenses, and introduces the concept of strict liability. The document uses cases examples to illustrate the application of these legal concepts.
1. The document discusses the different sources and types of obligations under Philippine law, including obligations arising from law, contracts, quasi-contracts, delicts, and quasi-delicts.
2. It explains the key elements and requisites of an obligation, as well as the nature and effects of obligations. Obligations can be personal, requiring an act or omission, or real, requiring the delivery of a thing.
3. The duties of debtors in obligations to deliver things are outlined, whether the thing is determinate, generic, or limited generic. Available remedies for creditors in cases of non-performance are also summarized.
CONSTRUCTION DEFECT UPDATE - Insurance Coverage Litigation Section - Septembe...inversecondemnation
The document discusses the ongoing debate around insurance coverage for construction defects. Some courts have found that defective workmanship causing property damage does not constitute an "occurrence" and is therefore not covered. However, other courts and recent cases have found defective workmanship can be an "occurrence" if it causes unexpected and accidental property damage. The document also outlines how Hawaii law and courts have addressed this issue, including a state law attempting to clarify interpretation of "occurrence" based on the law at the time a policy was issued. It concludes by discussing a recent Hawaii appellate court case that found an insurer had a duty to defend against construction defect claims.
Instant Assignment Help Australia have drafted a PPT on “Aspects of Contract and Negligence”. For more PPT sample kindly mail us at :help@instantassignmenthelp.com.au or Call Us at: +61 879 057 034.
Foreign investment and technology transfer actNcell
This document discusses contracts of indemnity and guarantees under Nepalese law. It defines indemnity as a promise to compensate for loss or wrongdoing. A contract of indemnity involves two parties - the indemnifier who promises to cover losses of the indemnity holder. In contrast, a contract of guarantee involves three parties - the creditor, principal debtor, and surety. The surety promises to repay the debt of the principal debtor if they default. Key differences between the two include that indemnity covers unanticipated losses while guarantee provides security against anticipated debt default. Indemnity liability arises immediately upon loss, while guarantee liability is secondary to the principal debtor's default.
This document summarizes several recent court cases related to landlord liability and tenant harassment. It discusses how the U.S. Court of Appeals for the Second Circuit in Francis v. Kings Park Manor expanded landlord liability under the Fair Housing Act to include failing to address a racially hostile environment created by one tenant targeting another. It also discusses how New York common law typically shields landlords from liability for injuries caused by one tenant to another, unless the landlord had control over the assailant. The document then provides more details on these cases and decisions.
The document discusses the standard of care that corporations are required to meet regarding workplace violence prevention and emergency response. It states that corporations must implement reasonable policies and plans to prevent incidents like active shooters, and failure to do so can result in legal liability. The document then provides a detailed list of 15 services and responsibilities that should be included in a corporate emergency response plan to address the needs of victims, survivors, and their families in the event of a violent incident. These include timely family notification procedures, establishing family assistance centers, assisting with transportation, personal belongings, funeral arrangements, and more. The plan aims to ensure an appropriate level of support is provided to alleviate harm from deliberate indifference.
This document summarizes key concepts related to obligations and contracts under Philippine law. It defines an obligation as a legal duty to give, do, or not do something. There are various types and sources of obligations, including those arising from law, contracts, quasi-contracts, criminal offenses, and quasi-delicts. Contracts create obligations and must be performed in good faith. Quasi-contracts are obligations from lawful, voluntary acts that unjustly enrich another. Criminal offenses can result in civil obligations, governed by penal laws. Quasi-delicts are obligations from fault or negligence that causes damage. The document provides examples and classifications to illustrate these various obligation concepts under Philippine civil law.
This document provides an overview of criminal law and procedure in 3 chapters. It defines crimes and their elements, constitutional protections for criminal defendants, and the criminal procedure process. It also discusses key Supreme Court cases that have shaped criminal law, such as Skilling, Arthur Andersen, and Berghuis v. Thompkins. The document concludes by covering white collar crimes, computer crimes, and ethical issues around corporate wrongdoing.
The document discusses three scenarios regarding assault and battery coverage in commercial general liability policies:
1. A standard policy with no abuse/molestation exclusion may only provide defense coverage for assault claims, not indemnification, due to exclusions for expected/intended injury.
2. A policy with an abuse/molestation exclusion will likely result in a quick declination of coverage for assault claims.
3. Purchasing additional coverage through an endorsement can broaden coverage by modifying the policy language and removing certain exclusions, providing both defense and indemnification for assault claims in more situations. Agents should advise clients on available coverage options.
The document summarizes key concepts in business and company law and tort law:
1. It defines assault, battery, and false imprisonment in tort law. Assault refers to apprehension of harm, battery to actual physical harm, and false imprisonment to unlawful restraint of a person.
2. Revocation means withdrawal of an offer by the offeror before acceptance. An offer can generally be revoked at any time before acceptance under the rule in Payne v Cave.
3. It outlines the elements of negligence - duty of care, breach of duty, causation, and damages - and defenses like contributory negligence, voluntary assumption of risk, superseding acts, and illegality.
Torts lecture 3 Concepts maxims-1 tort against person, property, trespass,etc...SajadHussain59
This judgment from the High Court of Sindh concerns a case between the Pakistan Pharmaceutical Manufacturers' Association and the Controller of Patents. The Association filed applications challenging the patent granted to a pharmaceutical company. The High Court analyzed issues relating to patentability criteria such as novelty, inventive step, and industrial applicability. It also discussed the definition of "pharmaceutical substance" and examined whether the patent met the criteria. Ultimately, the Court set aside the patent, finding it did not satisfy the requirements to qualify as an invention within the meaning of patent law.
The document discusses the law of torts. It defines a tort as a civil wrong that allows the injured party to sue for damages. It explains that tort law is derived from common law principles and legislation, and differs from contract law in that it does not depend on an agreement between parties. Tort actions are brought by private citizens, not the government. Examples of torts discussed include negligence, which involves a breach of a duty of care that results in injury, and nuisance, which involves interfering with another's right to enjoy their property. Remedies for successful tort claims usually include damages, but injunctions may also be granted to prevent future harm in some cases. Two case examples are summarized relating to negligence liability.
1. Contract of Indemnity (special contracts).pptxmirzareesha29
The PPT explains the contract of indemnity, a part of special contract syllabus in the course of B.A. LL.B. It helps students understand the concept of indemnity in Indian contract act and its relationship with guarantee.
Bad Faith Insurance Law Overview, Oregon Alaska Idaho MontanaSeth Row
This document summarizes bad faith law in the Pacific Northwest states of Oregon, Alaska, Idaho, and Montana. It outlines the requirements to bring a bad faith claim in each state, such as needing a special relationship in Oregon or the claim not being fairly debatable in Idaho. The standard of care expected of insurers is also discussed for each state, for example, acting as an ordinarily prudent insurer would in Oregon. Potential remedies like damages, attorney fees, and estoppel are mentioned for the different states. Contact information is provided for the authors at the end.
ART. 1172. Responsibility arising from negligence in the performance of every...JamesReyes67
ART. 1172. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances
This document discusses strategies and issues relating to the Washington Insurance Fair Conduct Act (IFCA). It summarizes key provisions of IFCA, including that a first party claimant who is unreasonably denied coverage or benefits may sue an insurer. It notes questions around what constitutes "actual damages" and discusses differences between first and third party claimants. The document also compares IFCA to the common law duty of good faith and compares first party claims to pre-IFCA remedies for liability insurers' breach of the duty to defend.
This document discusses contracts of indemnity and guarantee under Nepalese law. It defines indemnity as a promise to compensate for loss or wrong incurred by another party. A contract of indemnity involves two parties - the indemnifier who promises to cover losses, and the indemnity holder who receives the promise. In contrast, a contract of guarantee involves three parties - a principal debtor, a surety who guarantees the debt, and a creditor. The key differences between the two contracts are that indemnity covers contingent losses while guarantee provides security against debt default, indemnity has two parties while guarantee has three, and the surety but not the indemnifier has a right of reimbursement from the
Studio 417 inc. v. the cincinnati insuranceBolinLawGroup
This order denies the defendant insurance company's motion to dismiss. The plaintiffs, who are businesses that own restaurants and hair salons, filed a lawsuit against their insurance provider seeking coverage for losses they incurred when the businesses were forced to close due to the COVID-19 pandemic. The defendant argued that the insurance policies required "physical loss or damage" and that COVID-19 does not cause such physical alterations. However, the court found that the policies do not define "physical loss" and its plain meaning could include loss of use, which the plaintiffs allegedly experienced when they were prohibited from operating their businesses. Therefore, the plaintiffs adequately stated claims under the various coverage provisions of the policies, and the defendant's motion to dismiss was denied.
Introduction to Civil Obligations - Negligencepaulwhite1983
The document provides an introduction to the topic of negligence in civil law. It discusses how negligence claims arise from unplanned interactions and accidents between private citizens. It outlines the three elements required for a negligence claim: (1) that a duty of care existed, (2) that the duty was breached, and (3) that damages resulted from the breach. The document also mentions defenses to negligence claims such as voluntary assumption of risk and contributory negligence. It notes that both common law and statutes provide remedies for negligence.
tort pptx by Abebayehu .pdf extra contractualHananAmdemariam
This document defines and discusses principles of non-contractual liability law (tort law) in Ethiopia. It covers definitions of key terms, principles of tort law such as acts and omissions, damage and causation. It also discusses rights protected under the Ethiopian constitution that can be violated and remedies available through tort law. Specific topics covered include defamation, defenses against defamation, criminal fault, bail, and differences between tort law and criminal/contract law.
In This we discussed Hazardous Substance and activities to handle them , How Liabilities impose under Law to solve conflicts with the help of some cases.
The document provides an introduction to the law of torts in India. It discusses several key points:
1) Tort law in India is mainly based on English common law but has been adapted to Indian conditions.
2) Compensation, rather than punishment, plays a less prominent role in the Indian legal system compared to England.
3) The Indian Supreme Court has said that Indian judicial thinking on torts should not be limited by foreign laws and that new principles need to be developed to deal with modern problems.
Negotiating investor interest in indemnity clausesAditi Duggal
Indemnity is a shield that protects investor interests in contracts including share purchase agreements or share subscription agreements. The presentation explores all safeguards that must be carefully negotiated in indemnity contracts.
Tort.pptx EXTRA CONTARCTUAL LIABILITY LAWTOSaabbaaMan
Ethiopian Tort Law Short Note outlines key aspects of Ethiopian tort law. It discusses:
1) The constitutional basis and major civil remedies under Ethiopian tort law, including damages, injunctions, and restitution.
2) The four major principles of tort law - act or omission, damage, causation, and recognized harm. Exceptions to these principles are discussed.
3) Major types of conduct giving rise to liability, including misfeasance and nonfeasance. Standards for intention and negligence are explained.
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
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Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
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सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Receivership and liquidation Accounts
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Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
1. TORTS AND DAMAGES
Quasi-delict (Tort)
A quasi-delict or tort is an act or omission which
causes damage to another, there being fault or
negligence, and there being no pre-existing
contractual relationship between the parties. (Art.
2176, NCC)
1. An action for quasi-delict must be brought
within 4 years from the time the cause of
action accrued. (Ferrer vs. Ericta)
2. Art. 2176 covers not only acts committed
with negligence, but also acts which are
voluntary and intentional (i.e. intentional
torts). (Dulay vs. CA, et al., G.R. No.
108017, April 3, 1995)
Requisites for liability for quasi-delict:
1. An act or omission
2. Damage or prejudice
3. A causal relationship between the act or
omission and the damage done
4. No pre-existing contractual relationship
between the parties
Exception: If there is an act that violates
the contract independently of the
contract, the act can give rise to liability
under quasi-delicts. (Air France vs.
Carrascoso, G.R. No. L-21438, September
28, 1966)
A tortfeasor is a person who commands,
instigates, promotes, encourages, advises,
countenances, cooperates in, aids or abets the
commission of a tort, or who approves of it after it
is done, if done for his benefit. (Worcester vs.
Ocampo, G.R. No. L-5932, February 27, 1912)
Proximate Cause
It is that adequate and efficient cause which in the
natural cause of events, and under the particular
circumstances surrounding the case would
naturally produce the event. (Bouvier’s Law
Dictionary, p. 434)
When the plaintiff’s own negligence was the
immediate and proximate cause of his injury, he
cannot recover damages. [If the plaintiff’s
negligence was merely contributory, he can
recover damages, but mitigated.] (Art. 2179, NCC)
Negligence
Negligence is the omission of that degree of
diligence which is required by the nature of the
obligation and corresponding to the circumstances
of persons, time and place. (Art. 1173, NCC)
Test of negligence: Would a prudent man in the
position of the person to whom negligence is
attributed foresee harm to the person injured as a
reasonable consequence of the course about to be
pursued? If so, the law imposes the duty on the
doer to take precaution against its mischievous
results and the failure to do so constitutes
negligence. (Hedy Gan Yu vs. CA, G.R. No. L-
44264, September 10, 1988)
Res ipsa loquitur
Negligence of the alleged wrongdoing may be
inferred from the mere fact that the accident
happened, provided that the occurrence:
1. Is the kind of thing that does not
ordinarily happen without negligence
2. Must have been caused by an agency or
instrumentality within the exclusive
control of the defendant
3. Was not due to contribution or voluntary
action of the plaintiff (Dra. Rodriguez, et
al., vs. CA, et al., G.R. No. 121964, June
17, 1997)
Damnum absque injuria
General
Rule:
One who made use of his own legal
right does no injury, and whatever
damages are caused to another
should be borne solely by him, under
the principle of damnum absque
injuria
Exception: Damnum absque injuria does not
apply when there is an abuse in the
exercise of a person’s right
Abuse of Right
There is an abuse of right when it is exercised
solely to injure or prejudice another. In order to
be liable under the abuse of rights principle, four
elements must concur:
1. Defendant has a legal right or duty
2. Right or duty is exercised or performed in
bad faith
3. Exercise or performance is for the sole
purpose of prejudicing or injuring another
4. Complainant was prejudiced or injured as
a result
Last Clear Chance
Where both parties are guilty of negligence, but
the negligent act of one succeeds that of the other
by an appreciable interval of time, the one who
has the last reasonable opportunity to avoid the
impending harm and fails to do so is chargeable
with the consequences without reference to the
prior negligence of the other party. (Picart vs.
Smith, G.R. No. L-12219, March 15, 1918)
2. The doctrine is applicable only to a vehicular
accident. (De Roy vs. CA, 157 SCRA 757)
Emergency Rule
One who suddenly finds himself in a place of
danger, and is required to act without time to
consider the best means that may be adopted to
avoid the impending danger, is not guilty of
negligence if he fails to adopt what subsequently
and upon reflection may appear to have been a
better method, unless the emergency in which he
finds himself is brought about by his own
negligence. (Hedy Gan Yu vs. CA, G.R. No. L-
44264, September 10, 1988)
Persons Vicariously Liable
Vicarious liability arises in a situation where a
person is not only liable for torts committed by
him, but also for those committed by others with
whom he has a certain relationship and for whom
he is responsible. (Cangco vs. Manila Railroad Co.,
G.R. No. L-12191, October 14, 1918)
1. The father (or, in case of death or
incapacity, the mother): for damages
caused by the minor children who live in
their company
(a) Where the adopters have no
parental authority or control
over the minor at the time of the
incident, and while prior to the
incident the petition for
adoption was filed, the same was
granted after the incident
occurred, the natural parents
should be the ones held liable
(Tamargo, et al., vs. CA, G.R.
No. 85044, June 3, 1992)
2. Guardians: for damages caused by the
minors or incapacitated persons who are
under their authority and live in their
company
3. Owners and managers of an
establishment or enterprise: for damages
caused by their employees in the service
of their branches in which the employees
are employed or on the occasion of their
functions
(a) Special errand (or roving
commission) rule: the employee
continues to be in the service of
his employer even outside his
place of work for as long as he is
performing some errands for the
company outside his working
time (Castilex Industrial Corp.
vs. Vasquez, Jr., G.R. No.
132266, December 21, 1999)
4. Employers: for damages caused by their
employees and household helpers acting
within the scope of their assigned tasks,
even though the employers are not
engaged in any business or industry
(a) The fact that the employee was
not acting within the scope of his
assigned tasks does not relieve
the employer the burden of
rebutting the presumption that
there was negligence on its part
in the selection of its employees
or in its supervision over them
(Filamer Christian Institute vs.
IAC, G.R. No. 75112, August 17,
1992)
(b) The employer can interpose the
defense of due diligence in the
selection and supervision of his
employees (MMTC vs. CA, G.R.
No. 104408, June 21, 1992)
On the term “manager”:
The terms “employers, owners, and
managers of an establishment or
enterprise” do not include the manager of
a corporation because he himself may be
regarded as an employee of the
corporation.
5. The State: when it acts through a special
agent, but not when the damage has been
caused by the official to whom the task
done properly pertains, in which case,
Art. 2176 applies
6. Teachers or heads of establishments of
arts and trades: for damages caused by
their pupils and students or apprentices,
so long as they remain in their custody
(a) Art. 218, Family Code: the
school, its administrators, as
well as teachers and institutions
taking care of minor children,
shall have substitute parental
authority over them as long as
they are under their supervision,
control, and instruction
(b) The liability of a teacher comes
into play only if the student is a
minor (Amadora vs. CA, G.R. No.
L-47745, April 15, 1988)
Vicarious liability ceases when the above-
mentioned persons prove that they observed all
the diligence of a good father of a family to
prevent damage.
Liability of LGUs for Damages
Provinces, cities, and municipalities shall be liable
for damages for the death of or injuries suffered
by any person by reason of the defective condition
of roads, streets, bridges, public buildings, and
other public works under their supervision and
control. (Art. 2189, NCC)
It is not required that the road should belong to
the city, etc., for it is enough it the same be under
its control or supervision. (Jimenez vs. City of
Manila)
3. Liability for Things Thrown Off of Buildings
The head of a family that lives in a building or a
part thereof is responsible for damages caused by
things thrown or falling from the same. (Art. 2193,
NCC)
Joint Tortfeasors
The responsibility of two or more persons who are
liable for a quasi-delict is solidary (Art. 2194) and
the sharing as between such solidary debtors is pro
rata. (Singapore Airlines Ltd. Vs. CA, G.R. No.
107356, March 31, 1995)
Example:
Where the injury caused by a vehicular collision is
due to the concurrent negligence of the drivers of
the colliding vehicles, the drivers and owners
thereof shall be primarily, directly, and solidarily
liable for damages. (MMTC vs. CA, G.R. No.
104408, June 21, 1992)
Damages
Kinds of damages:
1. Moral
2. Exemplary
3. Nominal
4. Temperate
5. Actual
6. Liquidated
Actual Damages
Actual or compensatory damages shall
comprehend not only the value of the loss
suffered, but also that of the profits which the
obligee failed to obtain. (Art. 2200, NCC)
A person is entitled to recover actual damages only
for such pecuniary loss suffered by him as he has
duly proved (Art. 2199, NCC) with a reasonable
amount of certainty. (Jose Ching Sui Yong vs. IAC,
G.R. No. 64398, November 6, 1990)
Single recovery: Actual damages may be
recovered in cases of –
1. Loss or impairment of earning capacity in
cases of temporary or permanent personal
injury
2. Injury to the plaintiff’s business standing
or commercial credit (Art. 2205, NCC)
The courts may mitigate liability in the ff. cases:
1. In case of quasi-delicts: contributory
negligence (Art. 2214, NCC)
2. In contracts, quasi-contracts, and quasi-
delicts:
(a) Plaintiff’s contravention of the
terms of the contract
(b) Plaintiff deriving some benefit as
a result of the contract
(c) Where exemplary damages are
to be awarded, that the
defendant acted upon the advice
of counsel
(d) That the loss would have
resulted in any event
(e) That since the filing of the
action, the defendant has done
his best to lessen the plaintiff’s
loss or injury
Moral Damages
Moral damages include physical suffering, mental
anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social
humiliation, and similar injury. Though incapable
of pecuniary computation, moral damages may be
recovered if they are the proximate result of the
defendant’s wrongful act or omission. (Art. 2217,
NCC)
1. Awarded only to enable the injured party
to obtain means, diversion, or amusement
that will serve to alleviate the moral
suffering he has undergone, by reason of
the defendant’s culpable action (Radio
Communications vs. Rodriguez, G.R. No.
83768, February 28, 1990)
2. Must be proportionate to the suffering
inflicted (Ibid.)
3. Cannot be awarded in favor of a
corporation (LBC Express, Inc. vs. CA,
G.R. No. 108670, September 21, 1994)
4. Moral damages and their relation to the
defendant’s acts should be satisfactorily
proved by the claimant (People vs.
Manero, et al., G.R. Nos. 86883-85,
January 29, 1993)
Instances when moral damages may be
recovered (Art. 2219, NCC):
1. Criminal offenses resulting in physical
injuries
(a) “Physical injuries” is understood
in its generic sense; includes
consummated, frustrated, or
attempted homicide (Madeja vs.
Caro, G.R. No. L-51183,
December 21, 1983)
2. Quasi-delicts causing physical injuries
3. Seduction, abduction, rape, or other
lascivious acts
(a) The parents of the female raped,
abducted, seduced, or abused
may also recover moral damages
4. Adultery or concubinage
5. Illegal or arbitrary detention or arrest
6. Illegal search
7. Libel, slander, or any other form of
defamation
8. Malicious prosecution
4. 9. Acts mentioned in Art. 309 (i.e.
disrespect to the dead, or wrongful
interference with a funeral)
(a) The spouse, descendants,
ascendants, and brothers and
sisters may bring the action
herein, in that order
10. Acts and actions referred to in Arts. 21,
26-30, 32, 34-35
11. Analogous cases
The social and financial standing of a claimant may
be considered in awarding moral damages only if
he or she were subjected to contemptuous conduct
despite the offender’s knowledge of his or her
social and financial standing. (Pantranco North
Express, Inc. vs. Kierulf, et al., G.R. No. 99343,
March 13, 1997)
Nominal Damages
Nominal damages are adjudicated in order that a
right of the plaintiff, which has been violated or
invaded by the defendant, may be vindicated or
recognized, and not for the purpose of
indemnifying the plaintiff for any loss suffered by
him. (Art. 2221, NCC)
Temperate Damages
Temperate (or moderate) damages, which are
more than nominal but less than actual damages,
may be recovered when the court finds that some
pecuniary loss has been suffered but its amount
cannot, from the nature of the case, be proved
with certainty. (Art. 2224, NCC)
Liquidated Damages
Liquidated damages are those agreed upon by the
parties to a contract, to be paid in case of breach
thereof. (Art. 2226) The purpose for such is to
prevent breach of obligations between contracting
parties.
The court can reduce liquidated damages, whether
the same was intended as an indemnity or a
penalty, if they are iniquitous or unconscionable.
(Art. 2227, NCC)
Exemplary Damages
Exemplary damages are imposed, by way of
example or correction, for the public good. It can
be awarded only in addition to moral, temperate,
liquidated, or compensatory damages. (Art. 2229,
NCC)
Requisites to justify award:
1. They may be imposed by way of example
or correction only in addition to
compensatory damages, etc., and cannot
be recovered as a matter of right
2. The claimant must first establish his right
to moral, temperate, liquidated, or
compensatory damages
3. The wrongful act must be accompanied by
bad faith and the award would be allowed
only if the guilty party acted in a wanton,
fraudulent, reckless, oppressive, or
malevolent manner (Medelo vs. Gorospe,
G.R. No. 41970, March 25, 1988)
Damages In Case of Death (Art. 2206)
In case of death, the heirs may recover the
following as damages:
1. Actual damages in the amount of P50,000
(People vs. Sison, G.R. No. 86455,
September 14, 1990)
2. Damages for the loss of earning capacity
of the deceased, unless the deceased on
account of permanent physical disability
not caused by the defendant had no
earning capacity at the time of death
3. Support for a period not exceeding 5
years, if the deceased was obliged to give
support
4. Moral damages for mental anguish by
reason of the death of the deceased,
given to the spouse, legitimate and
illegitimate descendants and ascendants