Midterms

Question 1

Three elements of the Doctrine of Assumption

Answer 1

1. Plaintiff must know that the risk is present
2. He must further understand its nature
3. His choice to incur it must be free and voluntary

Question 2

Doctrine of Assumption

Answer 2

When one who voluntarily assumed the risk of injury from a known danger is debarred from a recovery.

Question 3

T/F. The doctrine of the assumption of risk constitutes a COMPLETE defense in negligence cases for which the defendant CANNOT be held liable for damages claimed by the Plaintiff(s) for the latter’s self-inflicted injury

Answer 3

True.

Question 4

Doctrine of Contributory Negligence

Answer 4

When one’s negligence was only contributory and the immediate and proximate cause of the injury was the defendant’s lack of due care, the plaintiff may recover damages but the courts shall mitigate the damages awared

Question 5

Controlling provision for Doctrine of Contributory Negligence

Answer 5

Article 2179

Question 6

T/F. The obligation to deliver a specific thing includes the order to deliver accessions and the fruits thereof.

Answer 6

True.

Question 7

T/F. One who is in bad faith is NOT entitled to retain fruits of property not belonging to it.

Answer 7

True.

Question 8

T/F. As a general rule, demand is necessary to place the debtor in default

Answer 8

True.

Question 9

T/F. An exception to the general rule is that, when stipulated, demand is rendered unnecessary.

Answer 9

True.

Question 10

T/F. The fundamental doctrine of unjust enrichment is the transfer of value without just cause or consideration

Answer 10

True.

Question 11

Three elements of unjust enrichment?

Answer 11

1. Enrichment on the part of the defendants
2. Impoverishment on the part of the plaintiff
3. Lack of cause

Question 12

A particular form of negligence which consists in the failure of a physician or surgeon to apply to his practice of medicine that degree of care and skill which is ordinarily employed by the profession generally under similar conditions, and in like surrounding circumstances.

Answer 12

Medical negligence

Question 13

Four elements of medical negligence

Answer 13

1. Duty
2. Breach
3. Injury
4. Proximate cause

Question 14

T/F. If a solidary debtor pays the obligation in part, he can recover reimbursement from the co-debtor only in so far as his payment exceeded his share in the obligation

Answer 14

True