This case has been cited 4 times or more.
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2014-04-23 |
BRION, J. |
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| In Jarco Marketing Corporation, et al., v. Court of Appeals, we ruled that an accident pertains to an unforeseen event in which no fault or negligence attaches to the defendant. It is "a fortuitous circumstance, event or happening; an event happening without any human agency, or if happening wholly or partly through human agency, an event which under the circumstances is unusual or unexpected by the person to whom it happens."[29] | |||||
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2008-11-27 |
REYES, R.T., J. |
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| Negligence is the failure to observe, for the protection of the interest of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.[11] On the other hand, contributory negligence is conduct on the part of the injured party, contributing as a legal cause to the harm he has suffered, which falls below the standard which he is required to conform for his own protection.[12] There is contributory negligence when the party's act showed lack of ordinary care and foresight that such act could cause him harm or put his life in danger.[13] It is an act or omission amounting to want of ordinary care on the part of the person injured which, concurring with the defendant's negligence, is the proximate cause of the injury.[14] | |||||
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2007-10-11 |
NACHURA, J. |
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| It must be noted that the various stipulations in a contract must be interpreted together, attributing to the doubtful ones that sense which may result from all of them taken jointly.[25] Section 13 of the Contract of Lease enumerates the grounds for pre-termination as "fire, lightning, earthquake, typhoon, or by any cause in the nature of force majeure." The second and third sentences of Section 13 use "accident or force majeure" in referring to the grounds for the pre-termination of the Contract. Except for fire, none of the other causes can occur through accident because they are all natural calamities. The only logical conclusion is that the word "accident" qualifies "fire"; the lessee does not have the right to pre-terminate only when fire is not accidental or is deliberate. No other qualification can be read into the Contract. Accident and negligence are intrinsically contradictory; one cannot exist with the other. Accident occurs when the person concerned is exercising ordinary care, which is not caused by fault of any person and which could not have been prevented by any means suggested by common prudence.[26] Hence, a statement that the cause was accidental necessarily implies that it was not due to the fault or negligence of any party. | |||||
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2003-08-25 |
YNARES-SANTIAGO, J. |
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| Since the contract between the parties is an ordinary one for services, the standard of care required of respondent is that of a good father of a family under Article 1173 of the Civil Code.[12] This connotes reasonable care consistent with that which an ordinarily prudent person would have observed when confronted with a similar situation. The test to determine whether negligence attended the performance of an obligation is: 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.[13] | |||||