ATTY. CLEAVELAND BUELA 1. TORTS Definition of Torts
Kinds of Tort Liabilities
1. Intentional Tort 2. Negligence 3. Strict Liability Persons Involved 1. Plaintif 2. Defendant 2. NEGLIGENCE Definition of Negligence Sources of Negligence 1. Culpa contractual 2. Culpa aquiliana 3. Criminal Negligence *Reckless Imprudence and Simple Imprudence; Gross Negligence and Simple Negligence Distinctions between sources of negligence a. Culpa Aquiliana vs. Culpa Contractual b. Culpa Aquilana vs. Crimes Concurrence of Actions
A single act or omission may give rise to two or
more causes of action. a. One defendant, Two or more sources of obligation b. Two or more defendants Proscription on Double Recovery A party cannot recover twice for the same act or omission or under both causes of action. Test of Negligence 1. Did the defendant in doing the alleged negligent act use that reasonable care and caution which an ordinarily prudent person would have used in the same situation? If not, then he is guilty of negligence. 2. Could a prudent man in the case under consideration, foresee harm as a result of the course actually pursued? If so, it was the duty of the actor to take precautions to guard against harm. Foreseeability
Undue Risk
Probability Circumstances to Consider in Determining Negligence 1. Time 2. Place 3. Emergency Rule; An individual who suddenly finds himself in a situation of danger and is required to act
without much time to consider the best means that
may be adopted to avoid the impending danger is not guilty of negligence if he fails to undertake what subsequently and upon reflection may appear to be a better solution. Unless, the rule cannot be invoke of the person who is invoking it found himself in danger which he himself created through his own negligence. 4. Social Value of Utility of Activity 5. Persons Exposed to the Risk a. Children b. Other trespassers Standard of Conduct: Good father of a family Children; Liability Physical Disability Experts and Professionals Intoxication Insanity Women Res Ipsa Loquitor a. The accident is of a kind which ordinarily does not occur in the absence of someones negligence; b. It is caused by an instrumentality within the exclusive control of the defendant; c. The possibility of contributing conduct which would make the plaintiff responsible is eliminated
3. MISFEASANCE AND NONFEASANCE
Duty to Rescue Duty to the Rescuer Requisites to make a tortfeasor liable to the rescuer: 1. The defendant tortfeasor was negligent to the person rescued and such negligence caused the peril or appearance of peril to the person rescued 2. The peril or appearance of peril to the person rescued 3. A reasonably prudent person who would have concluded such peril or appearance of peril existent 4. The rescuer acted with reasonable care in efectuating the rescue Owners, Proprietors and Possessors a. Trespassers b. Tolerated Possessor c. Visitors Common Carriers d. Children Attractive Nuisance Rule e. State of Necessity f. Liability to Neighbors and Third Persons g. Liability of Proprietors of Buildings Employers