Elements of quasi-delict
The following are elements of quasi-delict:
[1] The plaintiff has suffered damage and injury (damnum et injuria, meaning a violation of right and a harm, physical or otherwise, as a result of such violation);
[2] An act or omission on the part of the defendant has resulted in such damage and injury. Authors say that the act or omission must be negligent in nature, considering that Article 2176 requires "fault or negligence"; and
[3] There is a causal connection of the cause and effect between the fault/negligence of the defendant and the damage and injury suffered by the plaintiff.
[1] The plaintiff has suffered damage and injury (damnum et injuria, meaning a violation of right and a harm, physical or otherwise, as a result of such violation);
[2] An act or omission on the part of the defendant has resulted in such damage and injury. Authors say that the act or omission must be negligent in nature, considering that Article 2176 requires "fault or negligence"; and
[3] There is a causal connection of the cause and effect between the fault/negligence of the defendant and the damage and injury suffered by the plaintiff.
