12 Strict Torts Under The Civil Code
12 Strict Torts Under The Civil Code
12 Strict Torts Under The Civil Code
__ Torts Law __
Strict liability or "strict tort," also known as "absolute liability" or "liability without fault,"
is a concept in tort law different from intentional tort and negligent tort. A person is
liable for damages regardless of fault or negligence and regardless of intention. After
certain facts have been established as a premise, liability under strict tort is almost
absolute because the law expects every person to comply with certain absolute
duties to make society safe. These absolute duties are required so that persons are
safe from extremely hazardous circumstances because of certain presumptions that
people hold every day. For example, people presume that the food they buy is safe
so they eat it immediately without feeling the need to inspect with extreme care;
hence, there is a need for strict tort against food makers.
Under the Civil Code of the Philippines, STRICT LIABILITY is imposed by Articles
1314, 1711, 1712, 1723, 2183, 2184, 2187, 2189, 2190, 2191, 2192 and 2193.
1. Article 1314; STRICT TORT AGAINST INDUCERS. Any third person who
induces another to violate his contract shall be liable for damages to the other
contracting party.
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Acceptance of the building, after completion, does not imply waiver of any of
the cause of action by reason of any defect mentioned in the preceding
paragraph.
The action must be brought within ten years following the collapse of the
building.
If the owner was not in the motor vehicle, the provisions of article 2180 are
applicable. (n)
10. Article 2191; STRICT TORT AGAINST OTHER OWNERS. Proprietors shall
also be responsible for damages caused:
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a. By the explosion of machinery which has not been taken care of with due
diligence, and the inflammation of explosive substances which have not
been kept in a safe and adequate place;
b. By excessive smoke, which may be harmful to persons or property;
c. By the falling of trees situated at or near highways or lanes, if not caused
by force majeure;
d. By emanations from tubes, canals, sewers or deposits of infectious matter,
constructed without precautions suitable to the place.
12. Article 2193; TORT AGAINST FAMILY HEADS. The head of a family that
lives in a building or a part thereof, is responsible for damages caused by
things thrown or falling from the same.
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