This case has been cited 2 times or more.
|
2014-07-18 |
BRION, J. |
||||
| The truck hit the electricity post Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. This fault or negligence, if there is no pre-existing contractual relation between the parties, is called quasi-delict.[36] Thus, for a quasi-delict case to prosper, the complainant must establish: (1) damages to the complainant; (2) negligence, by act or omission, of the defendant or by some person for whose acts the defendant must respond, was guilty; and (3) the connection of cause and effect between such negligence and the damages.[37] With respect to the third element, the negligent act or omission must be the proximate cause of the injury. | |||||
|
2013-12-04 |
BRION, J. |
||||
| Article 2176 of the Civil Code provides that "[w]hoever 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 a quasi-delict." Under this provision, the elements necessary to establish a quasi-delict case are: (1) damages to the plaintiff; (2) negligence, by act or omission, of the defendant or by some person for whose acts the defendant must respond, was guilty; and (3) the connection of cause and effect between such negligence and the damages.[28] These elements show that the source of obligation in a quasi-delict case is the breach or omission of mutual duties that civilized society imposes upon its members, or which arise from non-contractual relations of certain members of society to others.[29] | |||||