Rachel’s Torts Reviewer extras

Vicarious Liability under Article 2180:

Person Vicariously Liable Negligent Person Requisite Condition

Father/Mother Minor child (below 18) Living with parents

Under the custody of guardian

Guardian Minor or incapacitated ward
 This means that there must
be a court appointment

In the service of the branches or

Owner and manager of Employee in the occasion of their functions
establishment (WON acting within the scope of
their task)

Employers
Even though not engaged in Employees and household Acting within the scope of
business or industry helpers assigned tasks

State Special agent Definite order to do some task,

foreign to his usual functions
Student/apprentice must be in
Teachers their custody.
Student or apprentice Teacher-in-charge liable if school
Heads of schools is academic.
Head of school liable if school is an
institution of arts and trades

Liability for collapse of building:

Owner/proprietor Architect/Engineer Contractor

Time of collapse Anytime Within 15 years after Within 15 years after

completion completion

Inferior materials
Cause of Collapse Lack of necessary repairs Defects in the plans or furnished by him
specifications
Violation of contract
Prescriptive Period
4 years 10 years 10 years