This case has been cited 3 times or more.
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2015-01-21 |
PERLAS-BERNABE, J. |
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| Jurisprudence defines negligence as the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do.[27] It is the failure to observe for the protection of the interest of another person that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.[28] | |||||
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2014-04-14 |
PERALTA, J. |
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| The elements of a quasi-delict are: (1) an act or omission; (2) the presence of fault or negligence in the performance or non-performance of the act; (3) injury; (4) a causal connection between the negligent act and the injury; and (5) no pre-existing contractual relation. Jurisprudence, however, specifies four (4) essential elements: "(1) duty; (2) breach; (3) injury; and (4) proximate causation."[52] | |||||
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2009-09-25 |
NACHURA, J. |
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| These circumstances, taken collectively, yield the inevitable conclusion that Sevillejo was negligent in the performance of his assigned task. His negligence was the proximate cause of the fire on board M/V "Superferry 3." As he was then definitely engaged in the performance of his assigned tasks as an employee of KCSI, his negligence gave rise to the vicarious liability of his employer[43] under Article 2180 of the Civil Code, which provides-- | |||||