Prefinals Flashcards
With regards to damages by a proprietor, what is the rule?
The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due to the lack of necessary repairs.
With regards to damages caused by a contractor, what is the rule?
The contractor is liable for all the claims of laborers and others employed by him, and of third persons for death or physical injuries during the construction.
With regards to negligence of a neighbor causing damage to another neighbor by reason of the former’s constructions in his house, what is the rule in the case of Regala v. Carin?
There was fault or negligence on the part of the constructing neighbor when he did not provide sufficient safety measures to prevent causing a lot of inconvenience and disturbance to the adjacent neighbor.
What are the obligations of contractors in constructing buildings?
Construction is a field requiring technical expertise. The workers as ordinary laymen, would understandably have no knowledge at all about the technical aspect of constructing a building. Contractors of building should have taken the roles of the wise and prudent father to their customers or clients as they are specialists in themselves as their field of know-how in technology would always be demanded and extracted of them by all their patrons.
With regards to damages by engineers, what is the rule?
When can this kind of action be file in court?
.,The engineer or architect who drew up the plans and specifications for a building is liable for damages if within fifteen years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications.
The contractor is likewise responsible for the damages if the edifice falls, within the same period, on account of defects in the construction or the use of materials of inferior quality furnished by him, or due to any violation of the terms of the contract. If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor.
The action must be brought within ten years following the collapse of the building.
With regards to a collapse of a building because of a fortuitous event, what is the rule in the case of Juan Nakpil & Sons v. Court of Appeals?
It has been held that when the negligence of a person concurs with an act of God in producing a loss, such person is not exempt from liability by showing that the immediate cause of the damage was the act of God. To be exempt from liability for loss because of an act of God, he must be free from any previous negligence or misconduct by which that loss or damage may have been occasioned.
In medical malpractice, what is the informed consent doctrine?
The doctrine of informed consent requires that a health care provider disclose material risks and information about a proposed medical treatment to enable the patient to make an informed decision. In cases alleging a lack of informed consent, expert testimony is necessary to establish the medical standard of care for disclosure of risks related to the treatment.
What is the doctrine of res ipsa loquitur?
The doctrine of res ipsa loquitur is where the thing which caused the injury, without the fault of the injured, is under the exclusive control of the defendant and the injury is such that it should not have occurred if he, having such control used proper care.
What are the requisites for res ipsa loquitur to apply in medical malpractice cases?
The requisites for the applicability of the doctrine of res ipsa loquitur are:
(1 ) The occurrence of an injury
(2) The thing which caused the injury was under the control and management of the defendant
(3) The occurrence was such that in the ordinary course of things, would not have happened if those who had control or management used proper care
(4) The absence of explanation by the defendant
What is the captain of the ship rule?
Under the “Captain of the Ship” rule, the operating surgeon is the person in complete charge of the surgery room and all personnel connected with the operation. Their duty is to obey his orders.
