A tort is only meaningful if it provides a remedy. The book provides an exhaustive discussion of the various types of damages recoverable under Philippine law.
Under the De Leon methodology, a tort is analyzed as a legal wrong that causes harm to a private party, subjecting the violator to civil liability and providing the victim with a financial remedy. 1. Defining the Causes of Action
"Whoever 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 called a quasi-delict..." Essential Elements of a Quasi-Delict
For damages caused by their pupils and students or apprentices, so long as they remain in their custody. The Defense of Diligence
These are primarily contractual. The parties agree in advance on a specific sum to be paid in case of breach. De Leon notes that courts can reduce liquidated damages if they are "iniquitous or unconscionable." torts and damages de leon
The book also covers the standard defenses available to a defendant in a tort case, including:
Under the Civil Code, which De Leon annotates, there are several types of damages often summarized by the mnemonic : Moral: For physical suffering, mental anguish, or fright.
₱5 million to replace the vase.
De Leon provides the skeleton of the law. If you understand the structure of liability explained in his book, you can argue any case—whether it involves a traditional car crash or a modern cyber-libel suit. The principles of diligence, proximate cause, and solidary liability remain the same. A tort is only meaningful if it provides a remedy
According to De Leon, citing Article 2176, a quasi-delict is a fault or act of negligence that causes damage to another, there being no pre-existing contractual relation between the parties. Act or Omission: An action or failure to act.
Without objective proof of actual loss or clear statutory grounds for moral and exemplary awards, even the most apparent negligence will fail to yield significant recovery in a court of law. To help me tailor more specific insights, please tell me:
In "Torts and Damages," De Leon identified two fundamental concepts:
: Must be reasonable and calculated based on the circumstances. Actual or Compensatory Damages The Defense of Diligence These are primarily contractual
The amount required to compensate for the actual loss suffered.
The plaintiff’s own negligence contributed to the injury, which may reduce the damages awarded.
The actor failed to exercise the required diligence.