I.
Last week, I had my cellphone repaired by our “neighborhood” cellphone-and-watch repairman, but instead of getting fixed, it got worse. Now, I can’t send or read text messages and use other functions of my phone. Now, the market value of my K700i has gravely decreased.
I know a similar case from my Torts and Damages class where the Supreme Court ruled that “when a person holds himself out as being competent to do things requiring professional skill, he will be liable for negligence if he fails to exhibit the care and skill of one ordinarily skilled in the particular work which he attempts to do.”
But what remedy can I get from Mang Willy? I don’t think he can pay me. So I just choose to forgive him and bear the consequences of the risk I took in trusting him.
II.
The next day, I rode on a tricycle. My pants caught on a sharp metal protruding from the tricycle’s body. The skin on my right leg got scraped (yes, it hurt!).
Of course, all I got was “sorry” from the driver.
III.
At least I got a “sorry”.
A worse thing happened to me at the mall the other day. While I was walking, a guy cut in front of me and stepped on my toes!
My toenails broke (one toenail split right in the middle) and two of my tiny tiny toes bled.
The guy just walked right on.
Huhuhu. It hurts more when people don’t recognize your pain.
IV.
Finally, this morning when I checked my newly washed clothes from our neighborhood laundry shop, I discovered that my new Giordano blouse which was once a sophisticated ecru was now a drab pale orange. Aghast! Aghast!
I called the laundry shop, and of course, they denied mixing clothes, etc. They offered to check it and turn it back to the original color!!!!
Tsk. Tsk.But what can I demand from them? Free laundry?
Sigh.
My problem is I don’t know how to get “angry” at people. I even felt guilty for not paying Mang Willy for his services.
And the problem with people is that they don’t know their responsibilities (what they’re liable for). If you point it out to them and demand for compensation, you’ll look like the bad guy.
“Don’t sweat the small stuff” people would say.
What happened to me may just be “small stuff”, yes. But that’s my cellphone and my hard-earned money down the drain, and my convenience spoiled (see My K7 Kyu Kyu entry). That’s my leg and my toes bleeding. That’s my nice shirt damaged. It’s not so difficult to see that I suffered an injury.
And what if it’s not about small stuff anymore? The perils I am exposed to everyday, which I don’t have a safety net, are everywhere. Everyday I ride on a tricycle or jeepney, and I don’t think the drivers know the diligence required of a common carrier***. Besides, if something unfortunate does happen (God forbid), I don’t think these people can even pay you for damages with the meager income they earn.
I’m not saying that the law has no teeth in “real” life. I guess I’m just saying that what I’m learning in law school “hurts” me more. Since laws dwell on the ideal, I am now aware of what is supposed to be, of what I deserve. This makes it difficult to mutter “let go, live and let live” under my breath.
So, here I am, ranting. Because I am hurt. I can’t do anything about it****.
But at least I don’t have to hurt in silence.
*from the old French word derived from Latin “tortus” which means “twisted” or “crooked”; this refers to a class of legal wrongs.
**I think there is no clear cut definition of Torts
***see Articles 1732, 1733, 1734 Civil Code of the Philippines
****Not yet anyway. Someday, I’m going to hold free law seminars to jeepney drivers and the like
Last week, I had my cellphone repaired by our “neighborhood” cellphone-and-watch repairman, but instead of getting fixed, it got worse. Now, I can’t send or read text messages and use other functions of my phone. Now, the market value of my K700i has gravely decreased.
I know a similar case from my Torts and Damages class where the Supreme Court ruled that “when a person holds himself out as being competent to do things requiring professional skill, he will be liable for negligence if he fails to exhibit the care and skill of one ordinarily skilled in the particular work which he attempts to do.”
But what remedy can I get from Mang Willy? I don’t think he can pay me. So I just choose to forgive him and bear the consequences of the risk I took in trusting him.
II.
The next day, I rode on a tricycle. My pants caught on a sharp metal protruding from the tricycle’s body. The skin on my right leg got scraped (yes, it hurt!).
Of course, all I got was “sorry” from the driver.
III.
At least I got a “sorry”.
A worse thing happened to me at the mall the other day. While I was walking, a guy cut in front of me and stepped on my toes!
My toenails broke (one toenail split right in the middle) and two of my tiny tiny toes bled.
The guy just walked right on.
Huhuhu. It hurts more when people don’t recognize your pain.
IV.
Finally, this morning when I checked my newly washed clothes from our neighborhood laundry shop, I discovered that my new Giordano blouse which was once a sophisticated ecru was now a drab pale orange. Aghast! Aghast!
I called the laundry shop, and of course, they denied mixing clothes, etc. They offered to check it and turn it back to the original color!!!!
Tsk. Tsk.But what can I demand from them? Free laundry?
Sigh.
My problem is I don’t know how to get “angry” at people. I even felt guilty for not paying Mang Willy for his services.
And the problem with people is that they don’t know their responsibilities (what they’re liable for). If you point it out to them and demand for compensation, you’ll look like the bad guy.
“Don’t sweat the small stuff” people would say.
What happened to me may just be “small stuff”, yes. But that’s my cellphone and my hard-earned money down the drain, and my convenience spoiled (see My K7 Kyu Kyu entry). That’s my leg and my toes bleeding. That’s my nice shirt damaged. It’s not so difficult to see that I suffered an injury.
And what if it’s not about small stuff anymore? The perils I am exposed to everyday, which I don’t have a safety net, are everywhere. Everyday I ride on a tricycle or jeepney, and I don’t think the drivers know the diligence required of a common carrier***. Besides, if something unfortunate does happen (God forbid), I don’t think these people can even pay you for damages with the meager income they earn.
I’m not saying that the law has no teeth in “real” life. I guess I’m just saying that what I’m learning in law school “hurts” me more. Since laws dwell on the ideal, I am now aware of what is supposed to be, of what I deserve. This makes it difficult to mutter “let go, live and let live” under my breath.
So, here I am, ranting. Because I am hurt. I can’t do anything about it****.
But at least I don’t have to hurt in silence.
*from the old French word derived from Latin “tortus” which means “twisted” or “crooked”; this refers to a class of legal wrongs.
**I think there is no clear cut definition of Torts
***see Articles 1732, 1733, 1734 Civil Code of the Philippines
****Not yet anyway. Someday, I’m going to hold free law seminars to jeepney drivers and the like
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