V. A) Vicarious Liability - Child

Question 1

Vicarious liability for act or omission of child

1. Below 18
2. Above 18 but below 21 years of age

Answer 1

1. Family Code governs
   A) parents exercising joint parental authority
   B) substitute parental authority
   C) special parental authority (in this case, parents are subsidiarily liable)
   - school, administrators, teachers or the individual, entity or institution engaged in child care
2. Civil Code governs
   A) father, in case of death or incapacity, mother
   B) guardians
   C) teachers, heads of establishments of arts and trades for pupils or student apprentices

Question 2

Defense of parents exercising parental authority

Answer 2

Diligence of good father of family to prevent damage.

Basis: 2180, 221 of Family Code

Question 3

“Arts and trades”

Answer 3

Qualifies teachers and heads of establishments, not applicable to any educational institution.

Hence, not liable

Question 4

Anchor of personal liability of parents

Answer 4

Parental authority

Question 5

Presumption of Parental Dereliction

Answer 5

When child commits tort conduct, there is presumed parental dereliction in the discharge of duties accompanying such authority. It can be overturned under 2180 by showing of diligence in good father of a family to prevent damage

Question 6

Effect of adoption on parental authority and liability

Answer 6

Parental authority is not retroactively transferred to and vested in the adopting parents so as to impose liability upon them accruing at a time when they had no actual or physical custody over the adopted child. Retroactive effect may be given if it is to permit the accrual of some benefit or advantage in favor of the adopted child.

Question 7

Nature of liability of parents for quasi delicts of minor children

Answer 7

Primary and not subsidiary. Become joint tortfeasors pursuant to 2194.

Question 8

Nature of civil liability of parents for crimes committed by their minor children.

Answer 8

Direct and primary, subject to defense of diligence of good father of family to prevent damage

Below 9, over 9 below 15 without discernment - RPC

9-15 with discernment, 15-21 - 2180

Question 9

Degree of diligence contemplated and how does parent prove it in connection with a particular act or omission of a minor child (esp if out of his company)?

Cuadra v. Monfort

Answer 9

No calibrated measure.

Consideration of attendant circumstances in every individual case to determine whether the exercise of such diligence the damage could have been prevented.