| Aspect | Quasi-Delict (Tort) | Crime (Delict) | Contract Breach | |--------|---------------------|----------------|------------------| | Source | Fault/negligence | Intentional/criminal act | Violation of terms | | Purpose | Indemnification (civil) | Punishment (criminal) + civil liability | Performance or damages | | Proof Required | Preponderance of evidence | Proof beyond reasonable doubt | Preponderance | | Parties involved | No privity needed | State vs. offender | Parties to contract |
These are primarily contractual. The parties agree in advance on a specific sum to be paid in case of breach. De Leon notes that courts can reduce liquidated damages if they are "iniquitous or unconscionable." torts and damages de leon
Perhaps the most practical section of De Leon’s book is the taxonomy of damages. A successful tort plaintiff does not just want a declaration of wrong; they want money. | Aspect | Quasi-Delict (Tort) | Crime (Delict)
De Leon categorizes damages into six distinct types: In the labyrinth of Philippine civil law, few
One of the most exam-tested topics in De Leon’s book is the Presumption of Negligence. He identifies specific scenarios where the law automatically presumes the defendant was at fault, shifting the burden of proof to them to disprove negligence:
In the labyrinth of Philippine civil law, few names carry as much weight as Dean Hector S. De Leon. For generations of law students, practitioners, and judges, his book, Torts and Damages, is not merely a textbook—it is a compass. Often referred to reverently as the "Torts and Damages de Leon," this work has become the gold standard for understanding the quasi-delict provisions of the New Civil Code.
Whether you are a law student preparing for the bar exams, a litigator crafting a complaint, or a claims adjuster evaluating liability, understanding this text is indispensable. This article provides a comprehensive breakdown of the key doctrines found in De Leon’s masterpiece, the structure of the book, and why it remains relevant decades after its first publication.