Torts - Defenses

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ARTICLE 2179. When the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded. (n) REQUISITES FOR A QUASI-DELICT 1. There must be an act or omission; 2. There must be fault or negligence attendant in the same act or omission; 3. There must be damage caused to another person; 4. There must be a causal connection between the fault or negligence and the damage; and 5. There must have been no pre-existing contractual relation between the parties. DEFENSES…show more content…
DAMNUM ABSQUE INJURIA BREACH WITHOUT VIOLATION = There may be negligence or fault but there is no offended party. NO VICTIM. NO LIABILITY. In Civil Law, we’ve come across Article 429 of the Civil Code. This is another instance where there may damage or injury but there is no liability. It states that: “Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.” CASES: BPI Express Credit Card versus CA (296 SCRA 260) Facts: Lawyer has credit card. Failed to pay his bill. Asked to issue a check for P15,000 otherwise credit will be cut off. Lawyer issued postdated check. BPI sent letter to inform him that his credit card was temporarily suspended and asked him to refrain using credit card. Lawyer used credit card. Credit card was dishonored. Held: In order for plaintiff to maintain an action for the injuries which he complains of, he must establish that such injuries resulted from a breach of duty which the defendant owed the plaintiff – a concurrence of injury (VIOLATION OF RIGHT) to the plaintiff and legal responsibility (BREACH OF DUTY) by the person causing it. Thus, there can be damage without injury in those instances in which the loss or harm was not the result of a
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