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Atty. Sta. Barbara - Torts Latin Maxims by 3S 2017-2018

This document lists and defines several Latin maxims and principles related to torts and damages. Some key ones include: res ipsa loquitur which means "the thing speaks for itself" and refers to negligence that can be inferred from the circumstances of an injury; damnum emergens which is the value of losses suffered; lucrum cessans meaning lost profits; respondeat superior making employers vicariously liable for employee actions; and volenti non fit injuria referring to assumption of risk by a willing person. The maxims establish concepts like negligence, causation, damages, and defenses in tort law.

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JAIRA MANAOIS
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131 views2 pages

Atty. Sta. Barbara - Torts Latin Maxims by 3S 2017-2018

This document lists and defines several Latin maxims and principles related to torts and damages. Some key ones include: res ipsa loquitur which means "the thing speaks for itself" and refers to negligence that can be inferred from the circumstances of an injury; damnum emergens which is the value of losses suffered; lucrum cessans meaning lost profits; respondeat superior making employers vicariously liable for employee actions; and volenti non fit injuria referring to assumption of risk by a willing person. The maxims establish concepts like negligence, causation, damages, and defenses in tort law.

Uploaded by

JAIRA MANAOIS
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TORTS AND DAMAGES

Latin maxims and principles



RES IPSA LOQUITUR CULPA IN VIGILANDO
The thing speaks for itself Diligence in the supervision of
employees
DAMNUM EMERGENS (DAÑO
EMERGENTE) QUI JURE UTITUR NULLUM
Value of the loss suffered by the DAMNUM FACIT
oblige One who exercises a right does no
injury
LUCRUM CESSANS (LUCRO
CESANTE) RESTITUTIO IN INTEGRUM
Profits which obligee failed to Restoration to original condition
obtain The amount to be awarded to the
plaintiff should be the sum of
NOVUS ACTUS INTERVIENS money which will put him in the
Efficient Intervening Cause same position had he not sustained
Destroys the causal connection the wrong or injury
between the injury and the
negligent act thus negating liability DE MINIMIS NON CURATE LEX
The law does not concern itself
DILIGENTISSIMI PATRIS with trifles
FAMILIES/FAMILIAS
Diligence of a Good Father of a HONESTE VIVERE, NON
Family ALTERUM LAEDERE ET JUS
SUUM CUIQUE TRIBUERE
RESPONDEAT SUPERIOR To live virtuously, not to injure
Let the Master Answer others, and to give everyone his
Prevalent rule in US tort law which due
absolutely places the employer
directly liable for the negligent acts NEMU CUM ALTERIUS
or omissions of the employee DETRIMENTO PROTEST
(Culpa in eligiendo and vigilando No person should unjustly enrich
are not valid defenses) himself at the expense of another
Not the rule observed in the
Philippines QUI IURE SUO UTITUR
NEMINEM LAEDIT
CULPA IN ELIGIENDO A person is not liable for damages
Diligence in the selection of resulting from the exercise of one’s
employees right

3S 1
AY: 2017-2018

REDDENDE SINGULA SINGULI QUI FACIT PER ALIUM FACIT


Referring each to each PER SE
Vicarious Liability of teachers He who acts through another does
pertain only to pupils and students the act himself
and heads of the school for arts
and trade ALTERUM NON LAEDERE
To hurt no one by word or deed
TORQUERE / TORQUEO
To twist or turn RES GESTAE
Relate to definition of Tort Testimonial evidence under this is
an exception to the hearsay rule
UBI JUS UBI REMEDIUM This consists of excited utterances
There is no wrong without a made on the occasion of an
remedy occurrence or even sufficiently
startling in nature so as to render
IMPERITIA CUPAE imperative the normal reflective
ADNUMERATUR thought processes of the observer
Inexperience is counted as fault and hence made as a spontaneous
(in relation to representation of reaction to the occurrence or
experts and professionals) event, and not the result of
reflective thought
RES IPSA LOQUITUR
The thing speaks for itself

VOLENTI NON FIT INJURIA


To a willing person, injury is not
done
Assumption of Risk

ACCION REDHIBITORIA
Vendee withdraws from a contract
and asks for damages

ACCION QUANTI MINORIS


Vendee demands a proportionate
reduction of the price and asks for
damages

LOCO PARENTIS
In the place of a parent

3S 2
AY: 2017-2018

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