03_ObliCon

Front

What is culpa aquiliana?

Back

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

Front

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.

Front

What is the difference between culpa contractual and culpa aquiliana?

Back

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.

Front

What does Article 2177 of the Civil Code prohibit?

Back

Article 2177 prohibits recovering twice for the same negligent act.

Front

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

Back

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.

Front

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

Back

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.

Front

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

Back

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

Front

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

Back

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.

Front

What is the test for determining negligence?

Back

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

Front

What is a fortuitous event?

Back

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