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    What Is Negligence?

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    Karissa Tolentino
    Negligence is defined as the failure to observe a reasonable standard of care that results in unintended damage or injury to another person. It involves conduct that falls below what a reasonably prudent person would do in the same situation. Bad faith and negligence are not the same - negligence involves failing to exercise proper care, while bad faith requires a conscious and intentional wrongful act. Philippine law considers negligence a punishable offense under Article 2176 of the Civil Code, which holds a person responsible for damage caused by their fault or negligence. To determine proximate cause of harm from negligence, courts apply the foreseeability test - whether the specific harm was reasonably foreseeable given the negligent actions or omissions.

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    What Is Negligence?

    Uploaded by

    Karissa Tolentino
    42 views1 page
    Negligence is defined as the failure to observe a reasonable standard of care that results in unintended damage or injury to another person. It involves conduct that falls below what a reasonably prudent person would do in the same situation. Bad faith and negligence are not the same - negligence involves failing to exercise proper care, while bad faith requires a conscious and intentional wrongful act. Philippine law considers negligence a punishable offense under Article 2176 of the Civil Code, which holds a person responsible for damage caused by their fault or negligence. To determine proximate cause of harm from negligence, courts apply the foreseeability test - whether the specific harm was reasonably foreseeable given the negligent actions or omissions.

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    Negligence

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    Negligence is defined as the failure to observe a reasonable standard of care that results in unintended damage or injury to another person. It involves conduct that falls below what a reasonably prudent person would do in the same situation. Bad faith and negligence are not the same - negligence involves failing to exercise proper care, while bad faith requires a conscious and intentional wrongful act. Philippine law considers negligence a punishable offense under Article 2176 of the Civil Code, which holds a person responsible for damage caused by their fault or negligence. To determine proximate cause of harm from negligence, courts apply the foreseeability test - whether the specific harm was reasonably foreseeable given the negligent actions or omissions.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    42 views1 page

    What Is Negligence?

    Uploaded by

    Karissa Tolentino
    Negligence is defined as the failure to observe a reasonable standard of care that results in unintended damage or injury to another person. It involves conduct that falls below what a reasonably prudent person would do in the same situation. Bad faith and negligence are not the same - negligence involves failing to exercise proper care, while bad faith requires a conscious and intentional wrongful act. Philippine law considers negligence a punishable offense under Article 2176 of the Civil Code, which holds a person responsible for damage caused by their fault or negligence. To determine proximate cause of harm from negligence, courts apply the foreseeability test - whether the specific harm was reasonably foreseeable given the negligent actions or omissions.

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    NEGLIGENCE

    By: Atty. Karissa Faye Tolentino-Maxino

    What is negligence?
    Negligence is the omission to do something which a reasonable man, guided upon those
    considerations which ordinarily regulate the conduct to human affairs, would do, or doing
    something which a prudent and reasonable man would not do.
    The Supreme Court added that the whole theory of negligence presuppose some uniform
    standard of behavior which must be an external and objective one, rather than the individual
    judgment good or bad, of the particular actor; it must be, as far as possible, the same for all
    persons; and at the same time make proper allowance for the risk apparent to the actor for his
    capacity to meet it, and for the circumstances under which he must act.
    Moreover, the question as to what would constitute the conduct of a prudent man in a
    given situation must, of course, be always determined in the light of human experience and of the
    acts involved in the particular case.

    Are bad faith and negligence the same?


    No. In the case of Montinolla v Philippine Airlines (G.R. No. 198656, September 8,
    2014) the Supreme Court pronounced that Bad faith does not simply mean negligence or bad
    judgment. It involves a state of mind dominated by ill will or motive. It implies a conscious and
    intentional design to do a wrongful act for a dishonest purpose or some moral obliquity. While
    negligence 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, by reason of
    which such other person suffers injury.

    Is negligence punishable under the Philippine laws?


    Yes. Article 2176 of the New Civil Code provides that whoever by act or omission causes
    damage to another, there being fault or negligence, is obliged to pay for the damage done. Such
    fault or negligence, if there is no pre-existing contractual relation between the parties, is called
    quasi-delict and is governed by the provision of this chapter.

    What is the test to determine if the negligence is the proximate cause of the harm incurred?
    One of the commonly used tests for determining the existence of proximate cause is the
    foreseeability test. This test provides that where the particular harm was reasonably foreseeable
    at the time of the defendant’s misconduct, his act or omission is the legal cause thereof. To be
    negligent, the defendant must have acted or failed to act in such a way that an ordinary
    reasonable man would have realized that certain interests of certain persons were unreasonably
    subjected to a general but definite class of risk which made the actor’s conduct negligent, it is
    obviously the consequence for the actor must be held legally responsible.

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