Negligence & Rights of Creditors
Questions:
1. Define Negligence or Culpa.
2. What are the kinds of Negligence?
3. What are the successive rights of the creditors to satisfy the claims of his debtors?
Answers to Questions:
NEGLIGENCE
Negligence, also known as Culpa, is the failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury.
Negligence can also be defined as: The omission of that degree of diligence which is required by the nature of the obligation and corresponding to the circumstances of persons, time and place. (Article 1173 Civil Code) The determination of the existence of negligence is concerned with what the defendant did or did not do. The state of mind of the actor is not important; good faith or use of sound judgment is immaterial. The existence of negligence in a given case is not determined by reference to the personal judgment but by the behavior of the actor in the situation before him. (Picart vs. Smith) Is a conduct that creates an undue risk of harm to others. The determination of negligence is a question of foresight on the part of the actor – FORESEABILITY. Even if a particular injury was not foreseeable, the risk is still foreseeable if possibility of injury is foreseeable. Forseeability involves the question of PROBABILITY, that is, the existence of some real likelihood of some damage and the likelihood is of such appreciable weight reasonably to induce, action to avoid it.
KINDS OF NEGLIGENCE:
1. Culpa Contractual (Contractual Negligence)
Culpa contractual or contractual negligence are negligence in contracts resulting in their breach. It is governed by CC provisions on Obligations and Contracts, particularly Articles: 1170 to 1174 of the Civil Code.
In Culpa Contractual:
The foundation of the liability of the defendant is the contract. In breach of contract committed through the
1. Define Negligence or Culpa.
2. What are the kinds of Negligence?
3. What are the successive rights of the creditors to satisfy the claims of his debtors?
Answers to Questions:
NEGLIGENCE
Negligence, also known as Culpa, is the failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury.
Negligence can also be defined as: The omission of that degree of diligence which is required by the nature of the obligation and corresponding to the circumstances of persons, time and place. (Article 1173 Civil Code) The determination of the existence of negligence is concerned with what the defendant did or did not do. The state of mind of the actor is not important; good faith or use of sound judgment is immaterial. The existence of negligence in a given case is not determined by reference to the personal judgment but by the behavior of the actor in the situation before him. (Picart vs. Smith) Is a conduct that creates an undue risk of harm to others. The determination of negligence is a question of foresight on the part of the actor – FORESEABILITY. Even if a particular injury was not foreseeable, the risk is still foreseeable if possibility of injury is foreseeable. Forseeability involves the question of PROBABILITY, that is, the existence of some real likelihood of some damage and the likelihood is of such appreciable weight reasonably to induce, action to avoid it.
KINDS OF NEGLIGENCE:
1. Culpa Contractual (Contractual Negligence)
Culpa contractual or contractual negligence are negligence in contracts resulting in their breach. It is governed by CC provisions on Obligations and Contracts, particularly Articles: 1170 to 1174 of the Civil Code.
In Culpa Contractual:
The foundation of the liability of the defendant is the contract. In breach of contract committed through the