Foundations of Civil Liability: Obligations & Torts

What is an Obligation?

In the simplest terms, an obligation is a **juridical necessity to give, to do, or not to do.** Think of it as a legal duty that one person owes to another. If this duty is not performed, the law gives the other person a right to seek a remedy.

Four Essential Elements

1. Active Subject (Creditor/Obligee): The person who has the right to demand the performance.
2. Passive Subject (Debtor/Obligor): The person who has the duty to perform.
3. Prestation (Object): The conduct required to be observed by the debtor.
4. Juridical Tie (Vinculum Juris): The reason or legal tie that binds the parties.

Where Do Obligations Come From?

According to law, obligations arise from five distinct sources:

• Law: Duties imposed by the law itself. Example: A hotel’s duty to pay taxes.
• Contracts: Agreements made between parties. This is the most common source. Example: A booking confirmation or a catering agreement.
• Quasi-Contracts: Lawful, voluntary acts creating an obligation to prevent unjust enrichment. Example: A hotel’s duty to return a guest’s accidental overpayment.
• Delicts (Crimes): Civil liabilities that arise from criminal offenses. Example: An employee steals from a guest, creating civil liability for the hotel.
• Quasi-Delicts (Torts): Acts or omissions causing damage through fault or negligence, without a pre-existing contract. Example: A guest slips on an unmarked wet floor.

Focus on Torts & Quasi-Delicts

This is the legal basis for most “accident” or “injury” cases in a business setting. Crucially, this applies when there is no pre-existing contract related to the injury. The hotel’s contract is to provide a room, not to ensure the guest doesn’t slip in the lobby. The duty not to cause harm through negligence exists independently.

Elements of a Quasi-Delict

1. An act or omission by the defendant.
2. Fault or negligence on the part of the defendant.
3. Damage or injury suffered by the plaintiff.
4. A direct causal connection between the negligence and the damage.

Negligence (Culpa) & The Standard of Care

Negligence is the omission of the diligence required by the nature of the obligation. The key legal standard in the Philippines is the **”Diligence of a Good Father of a Family.”** This means the level of care that a reasonably prudent person would have exercised in the same situation. It’s not about being perfect, but about being reasonably careful.

In Hospitality, this means:

• Routinely checking for and cleaning up spills.
• Placing “wet floor” signs.
• Ensuring food is prepared hygienically.
• Having adequate lighting in hallways and parking lots.
• Maintaining furniture and equipment in good repair.
• Providing reasonable security for guests.

Premises Liability

This is a specific area of tort law about the duty of property owners to keep their premises safe.

• Who is it for? In hospitality, guests are considered **”invitees.”** Businesses owe the **highest duty of care** to invitees.
• What is the duty? To protect invitees from risks the business knows about or **should have known about** through reasonable inspection.
• “Should have known” is key. A hotel can’t say, “We didn’t know the floor was wet.” The question is, “If you had a reasonable cleaning and inspection schedule, *would* you have known?” If the answer is yes, the hotel can be held liable.

Case Study – “The Slippery Restaurant Floor”

Facts: Mrs. Reyes is having dinner at The Grand Restaurant. On her way to the restroom, she slips on a puddle of water near the kitchen entrance. A waiter had just dropped a pitcher of water moments before. Mrs. Reyes fractures her wrist. There was no “wet floor” sign.

Analysis

1. What is the source of the obligation?
   Answer: Quasi-Delict (Tort). The restaurant’s contract was to serve her food, not to guarantee she wouldn’t fall. The obligation comes from the duty not to cause harm through negligence.
2. Was there negligence?
   Answer: Yes. The failure of the staff to immediately clean the spill or place a warning sign constitutes negligence.
3. What standard of care was breached?
   Answer: The diligence of a good father of a family. A reasonably prudent restaurant would have procedures for immediately addressing spills.
4. Can the restaurant be held liable?
   Answer: Yes. All four elements of a quasi-delict are present, and the restaurant is likely liable for her medical bills and other damages.

A Quick Note on International Context

While terminology may differ, the principles are very similar globally.

• In Common Law countries (e.g., USA, UK), the standard of care is that of a “Reasonable Person.”
• This is functionally the same as the Philippines’ “Good Father of a Family” standard.
• Concepts like **Premises Liability** and the high duty of care owed to **invitees** are also fundamental principles in these legal systems.