7/25/2019 Torts and Damages101010

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 Torts and Damages

Principles

Abuse of rights

-Article 19 “Every person must, in the eercise of his rights and in the

performance of his duties act !ith "ustice, give everyone his due, and observe

honesty and good faith#$

-Elements

-Arlegui vs %A

-&uum "us summa in"uria- the abuse of a right is the greatest possible !rong

'n"ust Enrichment

-(emo cum alteris detriment locupletari potest

-)emedy against un"ust enrichment

-accion in rem verso vs# solution indebiti

*iability !ithout fault

-Damnim abs+ue in"uria

Doctrine of attractive (uisance

&tate of necessity

Acts contrary to la!

-Article “Every person !ho# %ontrary to la!, !illfully or negligently causes

damages to another, shall indemnify the latter for the same#$

Acts contrary to morals

-Article 1 “Any person who willfully causes loss or injury to another in a manner that is contrary to

morals, good customs or public policy shall compensate the latter for the damage.”

Classification of Torts

-Tortfeasor

-PN !s. CA