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What is culpa aquiliana?

Back

Culpa aquiliana refers to a quasi-delict or negligence that can exist independently of a contractual relationship between parties.

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Can a quasi-delict breach a contract?

Back

Yes, a quasi-delict can be the cause for breaching a contract, allowing for the application of tort principles even when a contract exists.

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What is the difference between culpa contractual and culpa aquiliana?

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Culpa contractual arises from a breach of a contractual obligation, while culpa aquiliana arises from a negligent act that causes harm independently of any contract.

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What does Article 2177 of the Civil Code prohibit?

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Article 2177 prohibits recovering twice for the same negligent act.

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What is the aggrieved party's choice in negligence cases?

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The aggrieved party may choose between a criminal action under Article 100 of the Revised Penal Code or a civil action for damages under Article 2176 of the Civil Code.

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What is the significance of Article 2180 in relation to employer liability?

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Article 2180 states that an employer may be excused from liability for a negligent act of an employee if they can prove they exercised all due diligence to prevent the damage.

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What is the presumption of negligence in a breach of contract?

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In a breach of contract, the mere proof of the existence of the contract and the failure to comply justifies a presumption of negligence.

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What is the effect of contributory negligence on recovery of damages?

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If the plaintiff's own negligence was the immediate cause of their injury, they cannot recover damages; if it was only contributory, damages may be mitigated.

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What is the test for determining negligence?

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The test for negligence is whether a prudent person in the same situation would foresee harm and take precautions to prevent it.

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What is a fortuitous event?

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A fortuitous event is an extraordinary event that cannot be foreseen or is inevitable, exempting a debtor from liability.