Contract
Tie
- Contract
Preponderance
Defense
- Force majeure
- EOD in common carrier
Contract
- Pre existing contract
Burden of proof on the contracting parties
- Prove existence of contract and breach
Quasi Delict
Tie
negligence
Preponderance
3. Exercise of ordinary diligence
Contract
- None
Burden of proof
- The victim to prove fault or negligence and causal
connection
Distinction of contract from delict
Legal Tie
1. Contract itself
2. Act or omission w/ intent
Proof
1. Mere preponderance of evidence
2. Beyond reasonable doubt
Defenses
1. Eod CC and force majeure
2. Generally none but there is mitigating, exempting,
justifying
Pre-existence of contract
1. Yes
2. None
Burden
1. Contracting party
2. Prosecution
Quasi-delict and delict
Liability of employer
1. Primarily liable
2. Subsidiary
Reservation as to the civil aspect
1. If criminal aspect is instituted, also deemed instituted civil.
The institution of criminal, separate from civil aspect. If
quasi-delict filed, the victim can also file a separate
criminal action.
2. Deemed instituted, unless there can be reservation if a
separate action is reserved
Where to file
Common principles
1. Emergency rule – a scenario where on who suddenly finds
himself in place of danger and required to act to avoid the
impending danger. Not liable for any negligence if you are
acting under the emergency rule.
2. Diligence of a good father – diligence required on a
prudent man
3. Last clear chance principle – if a person on occasion where
there is sudden danger, the last person who can avoid the
accident and you have actually time to avoid. However,
despite that circumstance you did not avoid, you should be
held liable.
Article 19, 20, 21