ATTRACTIVE NUISANCE

According to the doctrine, a landowner will be held liable for injuries to children trespassing on the land,
if the injury is caused by any hazardous condition or object on the land, that is attractive to curious
children who are unable to understand the risk involved in such condition or object. For example, a
landowner will be held liable for injuries caused by abandoned cars, unguarded swimming pools, open
pits, and abandoned refrigerators. Hence, the doctrine, as a general rule, obligates landowners to exercise
reasonable care to safeguard children from dangerous conditions on their property [ii].

Doctrine of attractive nuisance. A legal doctrine which makes a person negligent for leaving a piece of
equipment or other condition on property which would be both attractive and dangerous to curious
children. These have included tractors, unguarded swimming pools, open pits, and abandoned
refrigerators. Liability could be placed on the people owning or controlling the premises even when the
child was a trespasser who sneaked on the property.

abuse of right is the exercise of a legal right only to cause annoyance, harm, or injury to another.

the following elements must be present: (1) there is a legal right or duty; (2) which is exercised in bad
faith; (3) for the sole intent of prejudicing or injuring another.

DAMNUM ABSQUE INJURIA A loss or damage without injury.

Article 19. Every person must, in the exercise of his rights and in the performance of his duties,
act with justice, give everyone his due, and observe honesty and good faith.

Article 20. Every person who, contrary to law, wilfully or negligently causes damage to another,
shall indemnify the latter for the same.

Article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage.

Article 21 refers to acts contra bonos mores and has the following elements:

(1) an act which is legal;

(2) but which is contrary to morals, good custom, public order or public policy; and

(3) is done with intent to injure.

Volenti non fit Injuria refers to self-inflicted injury or to the consent to injury which precludes the
recovery of damages by one who has knowingly and voluntarily exposed himself to danger, even
if he is not negligent in doing so.

Public Humiliation

Defamation

Presumption of Malice
Kinds of Malice

Doctrine of Fair Comment A doctrine in the law of libel, which means that while in general every
discreditable imputation publicly made is deemed false, because every man is presumed innocent
until his guilt is judicially proved, and every false imputation is directed against a public person in
his public capacity, it is not necessarily actionable. In order that such discreditable imputation to
a public official may be actionable, it must either be a false allegation of fact or a comment based
on a false supposition. If the comment is an expression of opinion, based on established facts,
then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be
inferred from the facts.