Torts And Damages De Leon

De Leon explains a unique modification to the "contributory negligence" rule. In Philippine jurisdiction, unlike common law jurisdictions, contributory negligence by the plaintiff does not bar recovery. Instead, it merely reduces the damages (Art. 2179). However, the operates as an exception: If the plaintiff was negligent, but the defendant had the last clear opportunity to avoid the harm and failed to do so, the defendant is fully liable.

In the final scene, Atty. Roman visits Mrs. Sandoval, handing her the check. She places a small replica vase on her new shelf—a cheap ceramic, but safe. “You know, Roman,” she says, “your namesake’s book says that the purpose of tort law is not just to compensate, but to restore a kind of moral balance.” torts and damages de leon