Concept of Quasi-Delict
A quasi-delict is a source of obligation arising from lawful, voluntary, and unilateral acts. It gives rise to a juridical relation where one party is unjustly enriched or benefited at the expense of another, and there is a duty to pay the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another. This juridical relation is known as quasi-contract.
Specifically, quasi-delict (also known as culpa aquiliana) is an independent source of obligation distinct from crime or delict. It is an act or omission that causes damage to another, due to fault or negligence, where there is no pre-existing contractual relation between the parties.
Requirements for Liability
For a person to be held liable for a quasi-delict, the following requirements must be met:
- There must be fault or negligence attributable to the person charged.
- There must be damage or injury sustained by the plaintiff.
- There must be a direct relation of cause and effect between the fault or negligence on one hand and the damage or injury on the other hand (proximate cause).
Distinction from Other Sources of Obligations
Quasi-delict is distinguished from other sources of obligations:
- Quasi-delict vs. Crime (Delict): Quasi-delict arises from a lawful act, while crime arises from an unlawful act. They have different characteristics, and quasi-delict is a distinct legal institution separate from crime. The same negligent act causing damage may give rise to both civil liability based on crime and civil liability based on quasi-delict.
- Quasi-delict vs. Contract: In quasi-delict, there is no pre-existing contractual relation between the parties. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. While a quasi-delictual liability can arise even if there was a contract between the parties if the act constitutes a breach of contract and a quasi-delict (tort), the prohibition against double recovery applies.