Torts And Damages De Leon -
Note to researchers: Ensure you are using the 2020 or 2021 editions published by (Rex Publishing), as older editions (1990s) do not contain modern SC rulings on damages for breach of contract in digital services.
: The work has undergone multiple revisions to stay current with Philippine jurisprudence, with recent editions including 2019 and 2024 versions. torts and damages de leon
The authors follow a clear "explanation-then-application" model. Each chapter begins with a discussion of legal provisions and principles, followed by practical examples and selected Supreme Court decisions that illustrate how these laws apply in real-world scenarios. Note to researchers: Ensure you are using the
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Atty. Roman countered, citing the principle of vicarious liability under De Leon: an employer is solidarily liable for the negligence of an employee acting within the scope of assigned tasks. “Mr. Yuzon,” Roman said, “you instructed Rico to transport the vase. You failed to provide the safe crate. Rico was your tool, your instrument. As Article 2180 states, employers are liable for damages caused by their employees while in the performance of their duties.”
De Leon explains a unique modification to the "contributory negligence" rule. In Philippine jurisdiction, unlike common law jurisdictions, contributory negligence by the plaintiff does not bar recovery. Instead, it merely reduces the damages (Art. 2179). However, the operates as an exception: If the plaintiff was negligent, but the defendant had the last clear opportunity to avoid the harm and failed to do so, the defendant is fully liable.
De Leon notes that while the Civil Code lists five sources of obligations, they effectively boil down to two: Law and Contracts . Obligations from quasi-delicts (torts) are considered obligations imposed by law.