Grounds for Liability - Negligence (2/2)

Question 1

kinds of negligence as grounds for liability

Answer 1

culpa contractual
culpa aquiliana
culpa criminal

Question 2

Art. 1305

Answer 2

Art. 1305. A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.

• paper contract is the evidence of the contract

Question 3

What is the obligation of the common carrier

Answer 3

[Art. 1705]
A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances. [extraordinary diligence]

Question 4

culpa contractual in the case of Lasam v. Smith

Question 5

what is the effect of violation of any traffic rule?

Answer 5

driving negligently.

Question 6

what are acts constituting negligent driving?

Answer 6

To name a few;
1. violation of traffic rules
2. driving without the actual license

Question 7

Define Common Carriers

Answer 7

[Art. 1732]
“Common carriers are [pcfa] persons, corporations, firms or associations engaged in the business of carrying or transporting passengers [or] goods or both, by land, water, or air, for compensation, offering their services to the public.”

• extraordinary applies to goods,

note:
- there is NO contract between the passenger and driver

Question 8

what is the role of/what do we call the driver in culpa contractual cases if he is NOT part of the contract

Answer 8

AGENT of the operator

agent and principal relationship. so we presume that the operator is the principal

Question 9

Art 1171

Answer 9

“Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.”

• Even if a contract contains language attempting to absolve one party from liability for future fraudulent acts, such clauses are generally considered void and unenforceable

Question 10

define negligence insofar as the obligor is concerned

Answer 10

[Art. 1173
The fault or negligence of the obligor consists in the omission of [that] diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of Articles 1171 and 2201, paragraph 2, shall apply.

Question 11

culpa acquiliana what is required vs culpa contractual

Answer 11

CA - ordinary
CC - extraordinary

Question 12

company engaged in lending. there was a contract that was separate from the common carrier.

the person he ran over is a person with a contract but it was not a contract of carriage.

Answer 12

This type of contract doesn’t apply. It must be the Contract of Carriage

Question 13

so if it was your classmate driving, the level of care is:

Answer 13

bonum pater familia

Question 14

Article 2180

Answer 14

The obligation imposed by Article 2176 is demandable not only for one’s own acts or omissions, but also for those of persons for whom one is responsible.

[[vicarious liability]]

The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company.

Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company.

The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions.

Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.

The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable.

Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody.

The responsibility treated of in this article SHALL CEASE when the persons herein mentioned prove that they observed all the diligence of a good father of a family[bonum pater familia] to prevent damage.

Question 15

a PUJ driver was driving the vehicle in reckless disregard of traffic rules and speed limits. the PUJ hit and injured a crossing pedestrian and when the driver suddenly swerved the vehicle, it turned turtle and injured all its passengers.

What cause/s of action may be filed in this case against whom? Explain?

REFER TO PAGE 46 IN NOTES

Answer 15

• passenger can sue driver based on [culpa acquiliania]
• passenger can sue operator based on [culpa contractual]
• passenger can sue driver based on [culpa criminal

pedestrian can sue driver based on culpa criminal-*but driver can’t pay, subsidiarily liable is the operator

pedestrian can sue operator based on culpa acquilinia

[ppt answer]
passenger - sue owner/operator (culpa contractual)

pedestian - sue either culpa aquiliania (against the driver and/or employer ) [OR] culpa criminal (against the driver only) or both - but the pedestrian cannot receive twice

Question 16

Solidary

Answer 16

compel to pay the entire amount of ALL the debtor.

Question 17

obligations of tortfeasors (liable for quasi-delict)

Answer 17

If both bus A and bus B were negligent and caused harm to pedestrian C, they would be solidary liable to pedestrian C for the damages resulting from the quasi-delict.

Question 18

obligations of tortfeasors (liable for quasi-delict. )

Their liability is

Answer 18

[Art. 2194]
The responsibility of two or more persons who are liable for quasi-delict is solidary

Solidary

Question 19

What is the effect of A, B, C if their obligation to pay X is solidary?

A, B, C, owes 3 million to X

Answer 19

if A pays 3 mil, it satisfies the debt of A,B,C.

• B C owes 1 mil to A

Question 20

Subsidiary (only for culpa criminal)

You are a driver for company A and you negligently harmed Pedestrian B. You do not have the funds to pay for the damages so you wish to request the help of your employer in paying.

How shall you advise your client?

Answer 20

1. show proof that the principal debtor(driver) is INSOLVENT
2. As the primary can’t pay, file motion to hold operator subsidiarily liable
3. then give operator time to controvert as part of his due process.

Question 21

on subsidiary, employers prohibits drivers on Sunday yet the driver drove and hit someone and can’t pay.

what is the employer’s defense?

Answer 21

ultra vires - no liability of the operator

Question 22

NATURE OF LIABLITY OF EMPLOYER

Answer 22

CONTRACTUAL - primary

AQUILIANIA - primary and solidary

CRIMINAL - subsidiary

Question 23

Defenses of Principal (Employer)
- Culpa Contractual

1. the agent was NOT negligent

Answer 23

DEFENSE: Driver Was Not Negligent
- if agent not negligent, principal, or the person he represents is not negligent

the defense of due diligence in the selection and supervision of employee (agent) is NOT a defense.

It may only mitigate, but not avoid, liability.

We follow Respondeat Superior or Command Responsibility

Question 24

when is “the defense of due diligence in the selection and supervision of employee (agent) is a defense. “APPLICABLE WHEN?

Answer 24

Culpa Aquilinia only and NOT culpa criminal

Question 25

Defenses of Principal (Employer)
- Culpa Aquiliana

Answer 25

(1) agent was not performing an assigned task (ultra vires act) [2180
(intra vires - w/in scope)

(2) That the agent (employee) was NOT negligent.

(3) If there was negligence, that agent’s negligence was not the proximate cause

(4) assuming that the agent was negligent that employer observed due diligence in the selection and supervision of the agent

note:
negligence of both employee and employer

Question 26

Defense of Principal (Employer)
- Culpa Criminal

Answer 26

• Not Negligent
• Not Absolvent

note
Contributory Negligence is not a exempting/justifying circumstance but may be mitigating

Question 27

FEB 12 - Negligence Last

Answer 27

FEB 12 - Negligence Last

Question 28

When is the employer NOT subsidiarily liable?

Answer 28

When the employee is NOT insolvent

Question 29

Difference between Employee refusing to pay v. insolvent

Answer 29

refusing to pay-
[insolvent] - liability exceeds assets not enough cash, properties real or personal

Question 30

Best evidence of insolvency?

Answer 30

Sheriff’s report stating writ of execution has been executed but not satisfied

note
can’t simply file a motion to make the employer subsidiarily liable by simply alleging the employee as insolvent

Question 31

You hit the car negligently because the person was negligent himself.

Is this a defense?

Answer 31

No, Contributory Negligence is not a exempting/justifying circumstance but may be mitigating