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1. Negligence - In action for Quasi Delict, plaintiff must prove negligence of defendant
Exception:
a. In cases where negligence is presumed or imputed by law - this is only rebuttable/ presumption juris tantum
b. Principle of res ipsa loquitur (the thing speaks for itself) - grounded on the difficulty in proving thru competent evidence, public policy considerations
2. Damage/injury
3. Causal connection between negligence and damage (to be actionable) -Defendant’s negligence must be the proximate cause of the injury sustained by the plaintiff to enable plaintiff to recover. Thus, if plaintiff’s own conduct is the cause of the injury there can be no recovery.
*** If plaintiff's negligence is only contributory – he is considered partly responsible only, may still recover from defendant but must be reduced by the courts in proportion to his own negligence
Concept of proximate cause – the adequate and efficient cause which in the natural order of events and under the particular circumstances surrounding the case, would naturally produce the event
Exception:
a. In cases where negligence is presumed or imputed by law - this is only rebuttable/ presumption juris tantum
b. Principle of res ipsa loquitur (the thing speaks for itself) - grounded on the difficulty in proving thru competent evidence, public policy considerations
2. Damage/injury
3. Causal connection between negligence and damage (to be actionable) -Defendant’s negligence must be the proximate cause of the injury sustained by the plaintiff to enable plaintiff to recover. Thus, if plaintiff’s own conduct is the cause of the injury there can be no recovery.
*** If plaintiff's negligence is only contributory – he is considered partly responsible only, may still recover from defendant but must be reduced by the courts in proportion to his own negligence
Concept of proximate cause – the adequate and efficient cause which in the natural order of events and under the particular circumstances surrounding the case, would naturally produce the event
