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DEFENSES:
1. CONTRIBUTORY NEGLIGENCE - the theory here is that the plaintiff was also negligent together with the defendant; to constitute a defense, proximate cause of injury/damage must be the negligence of defendant
2. CONCURRENT NEGLIGENCE - the theory here is that both parties are equally negligent; the courts will leave them as they are; there can be no recovery
3. DOCTRINE OF LAST CLEAR CHANCE - even though a person’s own acts may have placed him in a position of peril and an injury results, the injured is entitled to recover if the defendant thru the exercise of reasonable care and prudence might have avoided injurious consequences to the plaintiff.
*** This defense is available only in an action by the driver or owner of one
vehicle against the driver or owner of the other vehicle involved.
Elements:
a. plaintiff was in a position of danger by his own negligence
b. defendant knew of such position of the plaintiff
c. defendant had the least clear chance to avoid the accident by exercise of ordinary care but failed to exercise such last clear chance and
d. accident occurred as proximate cause of such failure
Who may invoke: plaintiff
Inapplicable to:
1. joint tortfeasors
2. defendants concurrently negligent
3. as against 3rd persons
4. EMERGENCY RULE – a person is not expected to exercise the same degree of care when he is compelled to act instinctively under a sudden peril because a person confronted with a sudden emergency may be left with no time for thought and must make a speedy decision upon impulse or instinct
• Applicable only to situations that are sudden and unexpected such as to deprive actor of all opportunity for deliberation
• But action must still be judged by the standard of the ordinary prudent man
• Absence of forseeability
5. DOCTRINE OF ASSUMPTION OF RISK – Volenti non fit injuria
• Intentional exposure to a known danger
• One who voluntarily assumed the risk of an injury from a known danger cannot recover in an action for negligence or an injury is incurred
• Plaintiff’s acceptance of risk (by law/contract/nature of obligation) has erased defendant’s duty so that his negligence is not a legal wrong
• Applies to all known danger
6. DUE DILIGENCE – diligence required by law/contract/depends on circumstances of persons, places, things
7. FORTUITOUS EVENT - no person shall be responsible for those events which cannot be forseen, or which through forseen were inevitable
Exception: assumption of risk
8. DAMNUM ABSQUE INJURIA – a principle that involves damage without injury, therefore no liability is incurred; there is no legal injury
9. LAW – specific provision of law
10. EXERCISE OF DILIGENCE OF GOOD FATHER OF FAMILY IN SELECTION
AND SUPERVISION OF EMPLOYEES
11. PRESCRIPTION
Injury to right of plaintiff/quasi delict - 4 years
Defamation - 1 year
*** When no specific provision, must be counted from the day they may be
brought
12. PROSCRIPTION AGAINST DOUBLE RECOVERY - Responsibility for fault or negligence under quasi-delict is entirely separate and distinct from civil action arising from the RPC but plaintiff cannot recover damages 2x for same act or omission of the defendant
13. ACT OR OMISSION IS NOT THE PROXIMATE CAUSE OF THE DAMAGE
14. OTHER GROUNDS – MOTION TO DISMISS
a. lack of jurisdiction over person of defendant
b. lack of jurisdiction over subject matter
c. venue improperly laid
d. plaintiff has no legal capacity to sue
e. there is another action pending between same parties for same cause
f. cause of action is barred by prior judgement /statute of limitations
g. pleading asserting claim states no cause of action
h. claim set forth in pleading has been paid, waived, abandoned, extinguished
i. claim is unenforceable under the provision of statute of fraud
j. condition precedent for filing claim has not been complied with
1. CONTRIBUTORY NEGLIGENCE - the theory here is that the plaintiff was also negligent together with the defendant; to constitute a defense, proximate cause of injury/damage must be the negligence of defendant
2. CONCURRENT NEGLIGENCE - the theory here is that both parties are equally negligent; the courts will leave them as they are; there can be no recovery
3. DOCTRINE OF LAST CLEAR CHANCE - even though a person’s own acts may have placed him in a position of peril and an injury results, the injured is entitled to recover if the defendant thru the exercise of reasonable care and prudence might have avoided injurious consequences to the plaintiff.
*** This defense is available only in an action by the driver or owner of one
vehicle against the driver or owner of the other vehicle involved.
Elements:
a. plaintiff was in a position of danger by his own negligence
b. defendant knew of such position of the plaintiff
c. defendant had the least clear chance to avoid the accident by exercise of ordinary care but failed to exercise such last clear chance and
d. accident occurred as proximate cause of such failure
Who may invoke: plaintiff
Inapplicable to:
1. joint tortfeasors
2. defendants concurrently negligent
3. as against 3rd persons
4. EMERGENCY RULE – a person is not expected to exercise the same degree of care when he is compelled to act instinctively under a sudden peril because a person confronted with a sudden emergency may be left with no time for thought and must make a speedy decision upon impulse or instinct
• Applicable only to situations that are sudden and unexpected such as to deprive actor of all opportunity for deliberation
• But action must still be judged by the standard of the ordinary prudent man
• Absence of forseeability
5. DOCTRINE OF ASSUMPTION OF RISK – Volenti non fit injuria
• Intentional exposure to a known danger
• One who voluntarily assumed the risk of an injury from a known danger cannot recover in an action for negligence or an injury is incurred
• Plaintiff’s acceptance of risk (by law/contract/nature of obligation) has erased defendant’s duty so that his negligence is not a legal wrong
• Applies to all known danger
6. DUE DILIGENCE – diligence required by law/contract/depends on circumstances of persons, places, things
7. FORTUITOUS EVENT - no person shall be responsible for those events which cannot be forseen, or which through forseen were inevitable
Exception: assumption of risk
8. DAMNUM ABSQUE INJURIA – a principle that involves damage without injury, therefore no liability is incurred; there is no legal injury
9. LAW – specific provision of law
10. EXERCISE OF DILIGENCE OF GOOD FATHER OF FAMILY IN SELECTION
AND SUPERVISION OF EMPLOYEES
11. PRESCRIPTION
Injury to right of plaintiff/quasi delict - 4 years
Defamation - 1 year
*** When no specific provision, must be counted from the day they may be
brought
12. PROSCRIPTION AGAINST DOUBLE RECOVERY - Responsibility for fault or negligence under quasi-delict is entirely separate and distinct from civil action arising from the RPC but plaintiff cannot recover damages 2x for same act or omission of the defendant
13. ACT OR OMISSION IS NOT THE PROXIMATE CAUSE OF THE DAMAGE
14. OTHER GROUNDS – MOTION TO DISMISS
a. lack of jurisdiction over person of defendant
b. lack of jurisdiction over subject matter
c. venue improperly laid
d. plaintiff has no legal capacity to sue
e. there is another action pending between same parties for same cause
f. cause of action is barred by prior judgement /statute of limitations
g. pleading asserting claim states no cause of action
h. claim set forth in pleading has been paid, waived, abandoned, extinguished
i. claim is unenforceable under the provision of statute of fraud
j. condition precedent for filing claim has not been complied with
