Philippine Tort: Quasi-Delict

A quasi-delict or tort is “the wrongful act or negligent act or omission which creates a vinculum juris and gives rise to an obligation between two persons not formally bound by any other obligation.”[1] Hence, a person is liable for damages against another who suffers damage as a result of the former’s acts or omissions which are the proximate cause, whether the same is due to negligence or fault, and there is no pre-existing contractual relation between the two persons.[2]

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Hot Water Case: 10 yr old v. airline

The airline is in hot water.

A 10-year old girl reportedly suffered 2nd degree burns while on flight from Bangkok to Manila on board a domestic airline. When she was served with her requested “hot water”, she accidentally spilled the contents on herself resulting in the injuries on her left thigh and leg. In response, the airline crew allegedly insisted that she was served only with “warm water”. (Read: News Report.)

To make things more interesting (or worse for the airline), the little girl happens to be a granddaughter of a Cebu-based mall tycoon whose group owns, runs, and operates a family-owned chain of malls in the Visayas and Mindanao. A tort case from a wealthy family will cause serious problems.

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