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    There Is No Pre-Existing Contractual Relation Between The Parties

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    Jester
    Criminal negligence in the Philippines requires five elements: 1) the offender commits or fails to commit an act, 2) voluntarily, 3) without malice, 4) resulting in material damage from reckless imprudence, 5) with inexcusable lack of precaution based on circumstances. Negligence can arise from quasi-delicts without a contract between parties, from breach of contract, or from criminal actions. Those who breach obligations through fraud, negligence or delay are liable for damages.

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    There Is No Pre-Existing Contractual Relation Between The Parties

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    Jester
    22 views1 page
    Criminal negligence in the Philippines requires five elements: 1) the offender commits or fails to commit an act, 2) voluntarily, 3) without malice, 4) resulting in material damage from reckless imprudence, 5) with inexcusable lack of precaution based on circumstances. Negligence can arise from quasi-delicts without a contract between parties, from breach of contract, or from criminal actions. Those who breach obligations through fraud, negligence or delay are liable for damages.

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    Criminal negligence in the Philippines requires five elements: 1) the offender commits or fails to commit an act, 2) voluntarily, 3) without malice, 4) resulting in material damage from reckless imprudence, 5) with inexcusable lack of precaution based on circumstances. Negligence can arise from quasi-delicts without a contract between parties, from breach of contract, or from criminal actions. Those who breach obligations through fraud, negligence or delay are liable for damages.

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    There Is No Pre-Existing Contractual Relation Between The Parties

    Uploaded by

    Jester
    Criminal negligence in the Philippines requires five elements: 1) the offender commits or fails to commit an act, 2) voluntarily, 3) without malice, 4) resulting in material damage from reckless imprudence, 5) with inexcusable lack of precaution based on circumstances. Negligence can arise from quasi-delicts without a contract between parties, from breach of contract, or from criminal actions. Those who breach obligations through fraud, negligence or delay are liable for damages.

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    of 1

    CHAPTER 2 Crime

    NEGLIGENCE
    Art. 365. Imprudence and Negligence.
    Actionable negligence may either be A. Elements of the Crime
    culpa contractual, culpa aquilana, and criminal 1. The offender does or fail to do
    negligence. an act;
    2. The doing or the failure to do
    1. QUASI DELIT that act is voluntary;
    Culpa Aquilana 3. It is without malice;
    4. The material damage results
    Art. 2176. Whoever by act or omission causes from the reckless imprudence;
    damage to another, there being fault or and
    negligence, is obligated to pay for the damage 5. There is inexcusable lack of
    done. Such fault or negligence, if there is no precaution on the part of the
    pre-existing contractual relation between the offender, taking into
    parties, is called quasi-delict and is governed consideration his employment,
    by the provision of this Chapter. degree of intelligence, physical
    condition, and other
    REQUISITES: circumstances regarding
    1. There must be an act or omission persons, time, and place.
    constituting fault or negligence;
    2. Damage caused by the said act or 3. CONTRACT
    omission; and Culpa Contractual
    3. Causal relation between the damage
    and the act or omission. Art. 1170. Those who in the performance of
    4. There is no pre-existing contractual their obligations are guilty of fraud,
    relation between the parties. negligence, or delay, and those who in any
    manner contravene the tenor thereof, are
    An action based on quasi delict can be liable for damages.
    maintained even if there is an existing ART 1234 THE JOINNER
    contractual relation between the parties.
    ART. 1171. Responsibility arising from fraud is
    The test (whether a quasi-delict can be deened demandable in all obligations. Any waiver of
    to underlie the breach of a contract) was stated an action for future fraud is void.
    thus:
    Where, without a pre-existing contract ART. 1172. Responsibility arising from
    between two parties, an act or omission can negligence in the performance of every kind of
    nonetheless amount to an actionable tort by obligations is also demandable, but such
    itself, the fact that the parties are liability may be regulated by the courts,
    contractually bound is no bar to the according to the circumstances.
    application of quasi delict provisions to the
    case. ART. 1173. The fault or negligence of the
    obligor consists in the omission of that
    “DUTY” need not be alleged and proved in
    order to recover.
    GENERAL DUTY OF CARE- it is not for the
    plaintiff to prove the existence of duty as an
    element of cause of action.

    “there is no requirement that the negligent act


    or omission is directed at a specific person but it
    suffices that a person suffers damages as a
    consequence of a wrongful act of another in
    order that indemnity could be demanded from
    the wrongdoer”

    The obligation based on quasi-delict must also


    have the essential requisites of a obligation:
    1. Active subject
    2. Passive subject
    3. Prestation
    4. Vinculum juris

    2. DELICT

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