limited to 40% shares; unless capital is $200,000 2. Export market enterprise – at least 60% is exported 3. Concurrence of causes of actions or remedies 4. A single act may give rise to two or more sources of obligations
5. If what is involved is medical negligence, if there
is no employer-employee relationship, the hospital at the most is only vicariously liable
6. The corporation as an entity has corporate
responsibility. It is nothing more than liability because of certain responsibilities imposed on the entity itself. It is true in hospital and schools.
The obligation to impose the area safe is
imposed on the school itself. Not to the deans or employees.
The obligation is based on contract. This is true
for hospital and school. Once the hospital accepts you, there is a contract.
Hospital – patient contract; school-student
contract
When they breach the contract in a tortious
manner, Tort breached the contract resulting in corporate responsibility Based on quasi delict and quasi contract
7. Corporate responsibility
Liability as an employer and as a principal is
there. Agency principles
There is no employer employee relationship
between consulting doctor and the hospital But vicarious liability was imposed, not because of employer-employee relationship, but because of apparent authority
They are clothed with apparent authority.
Therefore that is the basis for vicarious liability under 2180 of the civil code.
8. Moral damages cannot be awarded to a
corporation as it is an artificial being; except when there is a reputation which has been besmirched, and there can be liability for libel.