Special Torts

1. There is a legal right or duty 1. There is an act which is legal

2. The right or duty is exercised in bad faith 2. But which is contrary to morals, good custom,
3. For the sole intent of prejudicing or injuring public order or public policy
another 3. And it is done with intent to injure
Damages are recoverable even if no positive law
has been violated
Accion In Rem Verso. It is an action for
recovery of what has been paid
without just cause.
-a right that has been violated ceases to exist EXAMPLES OF ACTS CONTRA BONUS MORES:
Art. 19. Every person must, in the exercise of his rights
and in the performance of his duties, act with justice,
give everyone his due, and observe honesty and good
faith.
Art. 20. Every person who, contrary to law, willfully
or negligently causes damage to another, shall
indemnify the latter for the same.
Art. 21. Any person who willfully causes loss or injury to another
in a manner that is contrary to morals, good customs or public
policy shall compensate the latter for the damage.
-only a subisdiary action
For all other provisions of law which do not
especially provide their own sanction
a. In the exercise of his legal right or duty
b. Willfully or negligently causes damage to another
does not distinguish, the act may be
done either willfully or negligently
Common element under articles 19 and 21: the
act must be intentional
1. BREACH OF A PROMISE TO MARRY
GENERAL RULE: Breach of a promise to marry by itself is not
actionable.
EXCEPTION: In cases where there is another act independent
of the breach of a promise to marry
which gives rise to liability
a. Cases where there was financial damage
b. Social humiliation caused to one of the parties
c. Where there was moral seduction
d. If the breach was done in a manner that is clearly contrary to
good morals
Payment by mistake is an essential element
Q: In view of the general sanction provided for under
Art. 20, may a person have an absolute right to be
indemnified?
A: No. It is essential that some right of his be
impaired. Without such, he is not entitled to
indemnification. (Pineda, 2004)
ACCION IN REMVERSO SOLUTIO INDEBITI
Common element under articles 19 and 21: the
act must be intentional
Liability without Fault includes:
a. Strict Liability there is strict liability if one is made
independent of fault, negligence or intent after
establishing certain facts specified by law. It includes
liability for conversion and for injuries caused by animals,
ultrahazardous activities and nuisance.
b. Product Liability is the law which governs the liability
of manufacturers and sellers for damages resulting from
defective products.
-LWF is different from Damnum Absque Injuria
A person who only exercises his legal rights does no injury.
If damages result from such exercise of legal rights, the
consequences must be borne by the injured person alone.
The law affords no remedy for damages resulting from an
act which does not amount to a legal injury or wrong.
Article 20 speaks of the general sanction for all other
provisions of law which do not especially provide for
their own sanction.
Article 21 on the other hand, speaks of act which is legal but is
contrary to morals, good custom, public order or public policy
and is done with intent to injure.
Nemo cum alteris detrimento locupletari potest or no one shall unjustly
enrich himself at the expense of another.
Coverage: the article applies only if:
i. Someone acquires or comes into possession of something which means
delivery or acquisition of things; and
ii. Acquisition is undue and at the expense of another which means without
any just or legal ground.
NOTE: The government is not exempted from the principle of unjust
enrichment.
remedy for unjust enrichment:
It is not necessary that
payment be made by
mistake
rendition of services NOT included under Art. 22
'- If services were rendered by someone benefiting another, it does not mean
that the latter is exempted from indemnifying the former. The liability will lie
on quasicontract under Article 2146.
Art. 22. Every person who through an act of performance by another, or any
other means, acquires or comes into possession of something at the expense
of the latter without just or legal ground, shall return the same to him.
Abuse of Rights ACTS CONTRA BONUS MORES Liability Without Fault General Sanction / Acts contrary to Law Unjust Enrichment