1) Which statement(s) is (are) true with regard to defenses against liability claims?

A)

Under contributory negligence, if you contribute to your injury, you cannot recover

damages. B) Under comparative negligence, if you contribute to your injury, you

cannot recover damages.  *

B only

A only

Neither A nor B

Both A and B

Other:

2) Amanda needed surgery on her right knee. When the anesthesia wore off after the

operation, she noticed surgical wrapping around both knees. When she asked the

nurse why both knees were wrapped, the nurse replied that the surgeon made an

incision on her left knee, discovered the mistake, and proceeded with the operation on

the right knee. What principle or doctrine under the torts law can Amanda invoke to

recover damages from the surgeon? *

contributory negligence

comparative negligence

res ipsa loquitur

negligence per se

Other:

3) The following are the elements of res ipsa loquitur, except - *

The type of negligence in question falls with the scope of the defendant's duty to the plaintiff.

The plaintiff''s own negligence contributed to the cause of the injury

The event doesn't normally occur unless someone has acted negligently;
The evidence rules out the possibility that the actions of the plaintiff or a third party caused the

injury;

Other:

4) All of the following are legal defenses to liability claims, except - *

comparative negligence

vocarious liability

contributory negligence

assumption of risk

Other:

5) ABC Insurance Co. was found liable for denying valid claims for health insurance

coverage. The company was ordered to pay compensatory damages to a group of

plaintiffs. To “make an example” of the insurer, the court also ordered the insurer to

pay an additional P1 million to deter other insurers from engaging in the same

wrongful acts. The P1 million award is an example of:  *

Non-economic damages

Collateral source payments

Punitive damages

Economic damages

Other:

6) A statute requires machinery in industrial plants to include automatic shutoff

switches accessible to each employee working on the machine. XYZ Manufacturing

Co.’s equipment does not have these switches. Juan, an XYZ employee, suffers an

injury that an accessible shut-off switch would have prevented. Juan’s best theory for

recovery against XYZ is: *

Negligence per se
Comparative negligence

Assumption of risk

Res ipsa loquitur

Other:

7) Karen slips and falls while shopping at LMN Supermart and is injured. Karen files a

suit against LMN for P500,000. Under a “pure” comparative negligence rule, Karen

could recover damages from LMN: *

Only if Karen was more at fault than LMN

Only if Karen was less at fault than LMN2

Only if both parties were equally at fault

Only if Karen was less than 100% at fault

Other:

8) Bea is a passenger in a car driven by John Lloyd, whose negligence causes an

accident, bringing minor injuries to himself. Bea, uninjured and for no particular

reason, accompanied John Lloyd to the hospital with the latter still behind the wheels,

but along the way the car swerved and fell into a canal, causing bodily injuries to Bea.

Bea files a damage suit against John Lloyd, whose best defense is: *

Contributory negligence

Negligence per se

Superceding cause

Assumption of risk

Other:

9) Mang Kanor, a driver for Delicious Foods, causes a five-car accident on the South

Superhighway. Mang Kanor and Delicious Foods SSH are liable to:  *

Only those who do not have insurance.

Only those whose cars were immediately ahead and behind Linda’s vehicle

Only those whose injuries could reasonably have been foreseen

All those who are injured.

10) The proximate cause requirement for a negligence tort is most likely NOT met

where: *

The victim of an accident was aware, prior to the actual accident, that the accident was likely to

occur.

A driver injures a pedestrian when rounding a curve at twice the legal speed limit

A patient becomes sick from a doctor carelessly prescribing the wrong medicine.

A customer becomes ill from food that is carelessly packed at a processing plant.

Other:

11) Juana invites Pedro into her apartment. Pedro commits trespass to land if he: *

Enters the apartment with fraudulent intent.

Makes disparaging remarks about Juana to others.

Harms the apartment in any way

Refuses to leave when Juana asks him to go.

Other:

12) Christy, an online entrepreneur, hires Adam, an accountant, to handle her

accounts. Dissatisfied with Adam's work, Christy sues him, alleging negligence. Adam

may successfully defend against the suit by proving that he: *

Did not injure Christy in any way

Does not know every principle of accounting

Performed as well as an ordinary person could have.

13) Cathy was injured when she drove her car through a stop sign and was struck by

Richard’s car. Richard saw Cathy and could have stopped. However, he failed to do
so since he had the right-of-way. Cathy can recover damages from Richard under

which of the following legal doctrines? *

Last clear chance rule

Vicarious liability

Contributory negligence

Assumption of risk doctrine

Other:

14) Smitha goes diving during her Carnival Cruise. Carnival has Smitha sign a waiver

form indicating that, if she is injured by a shark, she cannot sue Carnival. Smitha was

bitten by a shark during her dive. Smitha sues Carnival. Carnival’s best defense is - *

Comparative negligence

Implied assumption of risk

Contributory negligence

Express assumption of risk

Other:

15) The legal principle that allows a recovery by a plaintiff whose own act contributed

to his injury, provided his negligence was slight as compared with that of the

defendant. *

contributory negligence

comparative negligence

viracious liability

strict liability

Other:
16) A skier who purchased a lift ticket at a ski resort sustains injuries while skiing due

to the ski resorts' failure to mark a hazard on a trail. If he sues the ski resort alleging

negligence, the ski resort may invoke the defence of: *

contributory negligence

implied assumption of risk

express assumption of risk

comparative negligence

Other:

17) A, homeowner, gives B, a painter, a scaffold with a badly frayed rope. The painter,

fully aware of the rope's condition, proceeds to use the scaffold and is injured. If sued

for damages, A may invoke the defence of: *

contributory negligence

express assumption of risk

implied assumption of risk

comparative negligence

18) “Independent civil actions” include actions for damages for the following offenses,

except: *

Theft

Defamation

Fraud

Physical injuries

Other:

19) When the injured individual is permitted to enforce his rights in a private action

without need of reservation, such action is for - *

criminal action
culpa quiliana

civil liability arising from crime

administrative action

Other:

20) Tort violation of constitutional rights may be directed against the following, except

- *

private individuals

State

law enforcers

public officers

Other:

21) As a general rule, the right to protect one’s reputation is a personal right. The right

to sue dies with each individual, except in case of – *

libel

homicide

illegal search and seizure

illegal dismissal

Other:

22) The following are privileged communications, except – *

complaint against public officers

report of judicial proceedings

newspaper article based upon a complaint filed in court

Option 5

pleadings filed in court

Other:
23) When a member of a city/municipal police force refuses or fails to render aid or

protection to any person in case of danger to life or property – *

Only the city/municipality is liable for damages

The police officer is primarily liable and the city/municipality subsidiarily liable for damages

The city/municipality is primarily liable and the police officer subsidiarily liable for damages

Only the police officer is liable for damages

Other:

24) The following criminal offenses do not give rise to civil liability – *

estafa

carnapping

arson

treason

Other:

25) Under the present state of legislation, the following are exempt from criminal

liability – *

above 15 acting with discernment

15 years old and below

below 15 years old

above 15 below 18

Other:

26) The following relieves a person of both criminal and civil liability – *

death before final judgment

pardon

service of sentence

commutation of sentence

Other:
27) The following may be sued for tort – *

insane

deceased

juridical persons

minor

Other:

28) The doctrine of inscrutable fault applies *

when there is collision.

when a vessel makes a wrong maneuver in the second zone of collision.

when there is no evidence as to which vessel is negligent.

whenever a collision occurs

29) In motor vehicle mishaps, the owner is solidarily liable with his driver – *

if the owner was on board the vehicle at the time of the mishap

even if the owner was not on board the vehicle as long as the driver was authorized by him

if the owner was on board and, by the use of due diligence, could have prevented the misfortune

if the motor vehicle operated as common carrier

Other:

30) The principle of respondeat superior, whenever applicable, applies to this type of

relationship - *

parent-child

teacher-student

guardian-ward

employer-employee

Other:

31) Under the legal principle of viarious liability, the parents are liable for tort

committed by their children if – *

the child is below 21 whether living with them or not

the child is below 18 and living with them

the child is below 21 and living with them

the child is below 18 whether living with them or not

Other:

32) The liability imposed by vicarious liability is – *

subsidiary

accessory

primary

secondary

Other:

33) The law that lowered the legal age from 21 to 18 is – *

RA 6809

RA 7610

RA 7438

RA 9344

Other:

34) The “deep pocket” policy applies to the vicarious liability of – *

employers for tort committed by employees

parents for tort committed by children below 18

parents for tort committed by children below 21

teachers for tort committed by students

Other:

35) The defense of exercise of due diligence to prevent the damage is available in – *

vicarious liability

respondeat superior
strict liability

common carriage

Other:

36) The defense of exercise of extraordinary diligence to prevent the damage is

available in – *

strict liability

vicarious liability

common carriage

respondet superior

Other:

37) Teachers-in-charge are liable for tort committed by their students – *

if student commits tort inside the campus

if student is a minor

whether school is academic or trade school

for tort committed in relation to school activities

Other:

38) When the school or teacher is made liable for tort committed by students, the

parents’ liability is – *

primary

solidary

joint

subsidiary

Other:

39) Strict liability does not apply to the ffg.: *

animals

attractive nuisance
employers

falling objects

Other:

40) Action to abate nuisance prescribes in - *

4 years

10 years

none of the above

6 months

Other:

41) In transportation law, the liability of the employer/operator for injury sustained by a

passenger is based on - *

contract

quasi-delict

tort

delict

Other:

42) The liability of the employer/operator for injury caused by common carrier on an

innocent bystander is based on –

tort

contract

delict

quasi-delict

Other:

43) The primary purpose of tort law is: *

to provide compensation for injuries sustained by a person as a result of the conduct of another

to serve as example to others and deter future tortfeasors

to punish the offender and make him feel the injury caused by him

Option 5

to reform the offender

Other:

44) When injured by reason of tortious conduct, the ffg. are entitled to damages,

except - *

minor

artificial person

natural person

unborn child

Other:

45) The ffg. may be held liable for tort committed by employees, except - *

unorganized partnership

single proprietorship

close corporation

corporation by estoppel

Other:

46) A higher degree of diligence is required if the person exposed to the risk is - *

child

woman

senior citizen

public officer

Other:

47) In an action to recover damages based on culpa aquiliana, negligence must be - *

proven by substantial evidence

proven beyond reasonable doubt

proven by preponderance of evidence

presumed

Other:

48) The following may not to be judged according to the standard of ordinary adult - *

physically disabled

child

senior citizen

expert

Other:

49) Violation of the ffg. establishes presumption of negligence - *

Statues and ordinance

private rules of conduct

Administrative rules

company policy

Other:

50) Prescription for quasi-delict is - *

2 years

imprescriptible

4 years

10 years

Other:

51) Vicarious liability is based on - *

imputed neligence

damnum absque injuria

res ipsa loquitur

strict liability
Other:

52) The school exercises this type of authority upon minor pupils/students under its

custody - *

substitute parental authority

parental authority

parens patria

special parental authority

Other:

53) For an employer to be held civilly liable for a crime committed by his employee - *

the employer need not be engaged in business

the employee need not be insolvent

the employee must first be convicted of the offense charged

the employee need not be convicted of the offense charged

Other:

54) Lennie bought a business class ticket from Alta Airlines. As she checked in, the

manager downgraded her to economy on the ground that a Congressman had to be

accommodated in the business class. Lennie suffered the discomfort and

embarrassment of the downgrade. She sued the airlines for quasi-delict but Alta

Airlines countered that, since her travel was governed by a contract between them, no

quasi-delict could arise. Is the airline correct? *

No, denying Lennie the comfort and amenities of the business class as provided in the ticket is a

tortious act.

No, the breach of contract may in fact be tortious as when it is tainted as in this case with

arbitrariness, gross bad faith, and malice.

Yes, since the facts show a breach of contract, not a quasi-delict.

Yes, since quasi-delict presupposes the absence of a pre-existing contractual relation between

the parties.

55) When one exercises a right recognized by law, knowing that he thereby causes an

injustice to another, the latter is entitled to recover damages. This is known as the

principle of *

Option 5

res ipsa loquitur.

vicarious liability

damnum absque injuria.

abuse of rights.

Other:

56) The owner of a thing cannot use it in a way that will injure the right of a third

person. Thus, every building or land is subject to the easement which prohibits its

proprietor or possessor from committing nuisance like noise, jarring, offensive odor,

and smoke. This principle is known as - *

damnum absque injuria

nemo dat quod non habet

Jus dispondendi.

sic utere tuo ut alienum non laedas.

Other:

57) Because of X’s gross negligence, Y suffered injuries that resulted in the abortion

of the foetus she carried. Y sued X for, among other damages, P1million for the death

of a family member. Is Y entitled to indemnity for the death of the foetus she carried? *

Yes, since the foetus is already regarded as a child from conception, though unborn

No, since X’s would not have known that the accident would result in Y’s abortion
Option 5

No, since birth determines personality, the accident did not result in the death of a person

Yes, since the mother believed in her heart that she lost a child.

58) A manufacturer of a defective product that is placed on the market despite all

possible precautions, including quality-control inspection, causes injury. The

manufacturer's liability is based on - *

contract

strict liability

negligence

quasi-contract

Other:

59) A baseball fan who sits along the third base line close to the infield is hit by a foul

ball and sustains injuries. He complains in court that the field management should

have put up a protective barrier to prevent injuries to the people watching the game.

The best defence against such complaint would be - *

contributory negligence

assumption of risk

force majeur

damnum absque injuria

Other:

60) ABC Mfg. wants to engage the professional services of Starlet, a popular young

actress, to promote their chocolate products. However, the company thinks that the

asking price of Starlet is beyond their budget for the project. So, the company looks for

a girl who closely resembles Starlet, applies make-up on her to give people the
impression that she is Starlet, and displays her photo in a large and colorful tarp along

EDSA. Is there a tort committed against Starlet? *

Yes, because the company used her photo for commercial or trade purposes and earned from it

None, because it's not the photo of Starlet on display

Yes, because it is appropriation of one's name and likeness constituting invasion of privacy

None, because no injury is caused upon Starlet

Other:

61) Your new neighbors consider themselves gourmands. They love to cook. But,

whenever they cook, it leaves a pungent, downright stinky aroma that lingers

throughout the hallway! The stench of their soufflé seeps into your apartment. These

careless chefs may be liable for - *

public nuisance

strict liability

trespass

private nuisance

Other:

62) Addie was a guest at The Red Inn owned by Jack. A fire broke out, and Addie was

unable to find a safe way out of the building. Instead, she jumped from a second-story

window and was injured. She sued Jack for negligence, because he failed to provide

fire exits or another safe means out of the building. Jack defended, saying that the fire

was arson and not something he could have reasonably foreseen. The court should - *

find Addie guilty of comparative negligence

find Jack liable because he had the duty to protect his guests against fire

find Addie guilty of contributory negligence

find Jack not liable because the fire was beyond his control
Other:

63) A is under exclusive contract with B to do a movie. C induces A to break her

contract with B in order to do a movie with him (C). B suffered economic damage by

reason of the breach. This is a case of - *

comparative negligence

breach of contract

violation of privacy

interference with contractual relations

Other:

64) This serves as an acknowledgment that a person has suffered a technical invasion

of rights. They are awarded in cases where no actual injury has resulted, or where an

injury occurred, but the amount has not been established. *

compensatory damages

actual damages

nominal damages

punitive damages

Other:

65) When a person makes a false statement about one businessman’s title to goods

or the quality of goods, and the result of the statement causes another person or

persons to refrain from dealing with the plaintiff, this kind of business tort is - *

product disparagement

interference with contractual relations

product liability

unfair competition

Other:
66) ABC Co. imitates the signs, store fronts, advertisements, and the packaging of

goods of XYZ Co., a competitor, causing confusion among the buying public about the

latter's product; this kind of business tort is - *

product disparagement

unfair competition

interference with contractual relations

product liability

Other:

67) This legal theory states that the negligence of the plaintiff does not preclude a

recovery for the negligence of the defendant where it appears that the defendant, by

exercising reasonable care and prudence, might have avoided injurious consequences

to the plaintiff notwithstanding the plaintiff’s negligence. *

doctrine of last clear chance

contributory negligence

comparative negligence

res ipsa loquitur

Other:

68) Ordinarily, he who charges negligence shall prove it. However, this legal principle

is an exception because the burden of proof is shifted to the party charged of

negligence as the latter is the one who had exclusive control of the thing that caused

the injury complained of. *

last clear chance

captain of the ship

res ipsa loquitur

respondeat superior
Other:

69) In the event of death or incapacity of the parents, the ffg. are liable for acts or

omissions of minors (choose the correct order): *

oldest sibling at least 21 yrs old; child's actual custodian at least 21 yrs old; surviving

grandparents

child's actual custodian, at least 21 yrs old; eldest sibling, at least 21 yrs old; surviving

grandparents

surviving grandparents; oldest sibling at least 21 yrds old; child's actual custodian, at least 21 yrs

old

Other:

70) The following are persons vicariously liable, except - *

Teachers or heads of establishments

Employers

Guardians

State

Judges

Other:

71) A woman was injured when she used an electric toothbrush, which, when on the

highest setting, caught fire and burned the woman's mouth. It appears that the defect

was caused when the toothbrush was manufactured. The toothbrush was

manufactured by a manufacturer, distributed to a retailer by a distributor, and sold in a

store by the retailer. The retailer asked a dentist to put a display of the toothbrushes in

his dental office to see if patients liked them. The woman bought the toothbrush from

the dentist when she saw the display in his office after a routine cleaning. The woman
now seeks to bring a strict products liability action against all possible parties for her

injuries. Against whom may the woman file suit? 

Against the manufacturer, the distributor, the retailer, and the dentist.

Against the manufacturer, the distributor, and the retailer only.

Against the manufacturer, the distributor, and the dentist only.

Against the manufacturer only.

72) On June 1, a businessman agreed in writing to sell to a baker a special oven that

reaches interior temperatures up to 600 degrees for the baker's new restaurant.

Delivery was to be made on Aug. 15. Payment was to be made on Sept. 1. The oven

was delivered on time and, upon preliminary inspection, seemed conforming. The

baker accepted the oven and paid the businessman on Sept. 1. When the oven was

installed by the baker's contractor on Sept. 10, the baker discovered that very small

cracks in the oven walls, which were undetectable until the oven was heated,

permitted heat to escape so that it could not be heated to more than 500 degrees. The

baker could not use the oven for its intended purposes. Which of the following best

describes the baker's rights on Sept. 11? *

If he fails to give notice to the businessman, the baker's damages will be limited to the difference

between the value the goods would have had if they had been as warranted, and the value they

actually have because of the defect.

The baker has the right to all damages flowing from the defect even if he fails to give notice.

The baker has the right to revoke his acceptance and obtain a refund of his purchase price if he

gives notice within a reasonable time.

The baker has lost all rights with respect to the defect because he accepted the goods.

Other:
73) A well-known national news broadcaster has a reputation for ambush-type

interviews designed to expose the target's hypocrisy. A political magazine ran a

feature article stating that the broadcaster had bought land near a proposed site for

the new university a few years earlier. The article claimed that the broadcaster had

inside information from members of the Board of Regents of the university as to where

the school would be located and would now be able to sell the property to the state at

a handsome profit. The reporter believed the story to be true because he got the

information from a member of the Board of Regents, and he had not found any

information to the contrary when he investigated. If the broadcaster sues the political

magazine for defamation, is he likely to prevail? *

No, because the reporter exercised reasonable care in ascertaining whether the information was

true or false.

Yes, because the story concerned a purely private matter.

Yes, because the story is false.

No, because he is a public figure.

74) Joey, a young boy, was playing cards with a friend on the front porch while his

father was inside the house. Their next door neighbor was Vic, who had a prized set

lawn gnomes lining his concrete patio. After winning the game, Joey excitedly threw a

single card across the patio. It twirled and twirled until colliding with a single lawn

gnome with just enough force to send it crashing to the concrete, shattering. Vic ran

outside and, in a fit of rage, threatened to kill Joey. Joey ran inside and told his father

how he broke the gnome, and the threat that was made. Joey himself was actually not

terribly troubled, but his father was severely disturbed by the threat made by Vic. He
had a serious emotional breakdown as a result, requiring extensive therapy. The

father wants to recover for emotional distress. Can he? *

No, because Vic did not physically touch or harm Joey.

No, because the father was not on the porch when the threat occurred.

Yes, because the father would not have suffered emotional distress but for the threats made by

Vic to Joey.

Yes, despite the father not being on the porch when the threat occurred.

75) A department store was not equipped with fire sprinklers that were required by

statute. The purpose of the statute was to eliminate harm to persons and property

from fires that may erupt. One evening, a fire erupted in the store. A woman broke her

arm when she jumped out of an open window to try to escape the fire.The fire was of

such a large magnitude that even if the department store had the requisite fire

sprinklers, the fire would have been the same size and magnitude and the woman

would have been harmed in the same manner and to the same degree. In an action by

the woman against the department store for damages, will the woman prevail? *

Yes, because the department store did not have the statutorily required fire sprinklers.

No, because the woman’s harm (a broken arm) is not the type of harm that the statute seeks to

prevent

No, because the woman would have suffered the same harm regardless of the department store’s

breach of duty.

Yes, because the department store will be strictly liable for the woman’s harm in this instance

since its duty was one involving safety

Other:

76) A law student was studying with his friend in a coffee shop in a high-crime area.

The law student had to use the restroom and asked his friend if the friend would watch
his laptop computer while he used the restroom. The friend agreed. Soon after the law

student left to use the restroom, the friend also left the laptop computer unattended so

that the friend could refill his cup of coffee. The law student and the friend both

returned to the table approximately five minutes later to find that the laptop was

missing. It was later discovered that the laptop had been stolen.If the law student sues

the friend for negligence, will he prevail? *

No, because the friend’s breach of duty was not the proximate cause of the harm suffered.

Yes, but only if the student tries to recover from the thief first

No, because the friend had no duty to watch the laptop computer.

Yes, because the friend knew that the law student was relying on her to watch the computer

Other:

77) A woman hired a driver to drive her across town to her sister’s house. The driver

negligently failed to pay attention to where he was going and drove in the opposite

direction of the sister’s house. By the time the driver realized his error, it was too late

to drive the woman back home. Thus, the driver paid for the woman to stay in a hotel

room for the night. While the woman was dining at the hotel that evening, a man

pickpocketed the woman’s expensive pair of glasses out of her purse. The woman

sued the driver for the value of the glasses. Should she prevail? *

Yes, so long as the woman was not negligent in failing to notice the driver was going the wrong

way.

No, since the act of theft was committed by a third person, not the driver

No, since theft is not a foreseeable result of the breach by the driver.

Yes, since the driver negligently failed to pay attention to where he was going.

Other:
78) Chemco manufactured a liquid chemical product known as XRX. Some XRX

leaked from a storage tank on Chemco's property, seeped into the groundwater,

flowed to Farmer's adjacent property, and polluted Farmer's well. Several of Farmer's

cows drank the polluted well water and died. If Farmer brings an action against

Chemco to recover the value of the cows that died, Farmer will - *

no prevail unless Framer can establish that the storage tank was defective

prevail because XRX escaped from Chemco's premises

not prevail unless Chemco failed to exercise reasonable care in storing the XRX

prevail, because a manufacturer is dtrictly liable for harm caused by its products.

Other:

79) In preparation for a mountain-climbing expedition, Alper purchased the necessary

climbing equipment from Outfitters, Inc., a retail dealer in sporting goods. A week later,

Alper fell from a rock face when a safety device he had purchased from Outfitters

malfunctioned because of a defect in its manufacture. Thereafter, Rollins was severely

injured when he tried to reach and give assistance to Alper on the ledge to which

Alper had fallen. Rollins’s injury was not caused by any fault on his own part. If Rollins

brings an action against Outfitters, Inc., to recover damages for his injuries, will Rollins

prevail? *

No, unless Outfitters could have discovered the defect by a reasonable inspection of the safety

device.

No, because Rollins did not rely on the representation of safety implied from the sale of the safety

device by Outfitters.

Yes, unless Alper was negligent in failing to test the safety device.

Yes, because injury to a person in Rollins’s position was foreseeable if the safety device failed
80) Dorfman’s dog ran into the street in front of Dorfman’s home and began chasing

cars. Peterson, who was driving a car on the street,swerved to avoid hitting the dog,

struck a telephone pole, and was injured. If Peterson asserts a claim against Dorfman,

will Peterson prevail? *

Yes, if Dorfman knew his dog had a propensity to chase cars and did not restrain it.

No, unless a statute or ordinance made it unlawful for the owner to allow a dog to be unleashed

on a public street.

No, because a dog is a domestic animal.

Yes, because Dorfman’s dog was a cause in fact of Peterson’s injury.

81) Ali, passenger, sustained physical injuries when the bus he was riding fell from the

Skyway. It was driven by Binoy and owned by Mar. The bus itself was totally wrecked

as a result of the accident. Ali can commence an action based on the ffg., except – *

quasi-delict

delict

contract

quasi-contract

Other:

82) (Under the facts in #81) Can Mar (operator) be held civilly liable under the

provisions of the RPC? *

No, his liability is based the Civil Code only

Yes, he is primarily liable for the civil liability based on crime.

Yes, he is subsidiarily liable for the civil liability based on crime.

.No, because he cannot be held criminally liable.

Other:
83)(Still under the facts in #81) When the bus fell from the Skyway, Mon, a pedestrian

on the ground, was seriously injured. Mon can commence an action against Mar (bus

operator) based on – *

quasi-delict

delict

contract

quasi-contract

Other:

84) (Still under the facts in #81) Mon can also commence an action against Binoy

(driver) based on – *

contract

quasi-contract

delict

quasi-delict

Other:

85) Insiang, an insane person, burned the house of her neighbor. Who is liable, if

any? *

Insiang is criminally liable

Her guardian is criminally liable

Her guardian is civilly liable

Insiang is civilly liable

Other:

86) To recover damages, negligence must be proven by preponderance of evidence,

except in the case of -

res ipsa loquitur

damnum absque injuria

attractive nuisance

captain of the ship doctrine

Other:

87) After the accident, the wrecked bus was impounded by the local government in an

enclosed premises, but prolonged exposure to the elements caused it to deteriorate

and rot. Jimmy, a 10-year-old scavenger, salvaged parts of the bus as scrap, and in

the process contracted tetanus. Is he entitled to damages, from whom? *

Yes, because he was injured in an attractive nuisance

No, because his own negligence is to blame for his condition

No, because he is a trespasser

No, because his parents’ negligence is to blame for his condition

Other:

88) Damian, a 13-year-old high school student of San Juan Barangay HS stabbed the

zookeeper during a field trip to the zoo. It was shown that at the time of the incident,

the children were not accompanied by adults from the school. Who is liable, if any, for

the damage to the zookeeper? *

The school, administrators and teachers are liable for they exercise special parental authority

Damian, because he stabbed the victim

The class adviser alone because he should have supervised the activity

The school head alone, because he should have supervised the activity

Other:

89) Suppose it was the zookeeper that stabbed Damian, who is liable for the damage?

The parents, because they were negligent in looking after their son.

The school, administrators and teachers are liable for they exercise special parental authority

The school head alone, because he should have supervised the activity

The adviser alone because he should have supervised the activity

Other:

90) Anoy was injured when the Toyota car he was driving was bumped from the

rearside by the Mitsubishi car driven by Bong. Investigations showed that Caloy, the

owner of the Mitsubishi car, was seated beside the driver (Bong) when the accident

happened. Based on this scenario, the following statement is true – *

Caloy is solidarily liable for the damage to Anoy if it is shown that he could have prevented the

damage by the exercise of due diligence

Caloy is subsidiarily liable for the damage to Anoy if it is shown that he could have prevented the

damage by the exercise of due diligence

Caloy is criminally liable for the damage to Anoy if it is shown that he could have prevented the

damage by the exercise of due diligence

Caloy is not liable for damage to Anoy because he was not actually driving when the incident

happened

Other:

91) Virgilio owned a bare and simple swimming pool in his garden. MB, a 7-year old

child, surreptitiously entered the garden and merrily romped around the ledges of the

pool. He accidentally tripped, fell into the pool, and drowned. MB’s parents sued

Virgilio for damages arising from their child’s death, premised on the principle of

“attractive nuisance”. Is Virgilio liable for the death of MB?

No, the child was 7 years old and knew the dangers that the pool offered.

Yes, being an attractive nuisance, Virgilio had the duty to prevent children from coming near it.

No, since the pool was bare and had no enticing or alluring gadgets, floats, or devices in it that

would attract a 7-year old child.

Yes, since Virgilio did not cover the swimming pool while not in use to prevent children from

falling into it.

Other:
92) A tortfeasor whose act, superimposed upon a latent condition, results in an injury

may be made liable for damages. This is the underlying precept for *

“Egg-Skull” rule

“But-for test” rule

Substantial factor test

Sine quanon test

Other:

93) A situation that destroys the causal connection between the negligent act and

injury and thereby negatives liability – *

remote cause

novus actus interviens

immediate cause

concurrent cause

Other:

94) When a right is exercised in a manner which does not conform with the norms

enshrined in Art. 19, NCC, and results in damage to another, a legal wrong is

committed for which the wrongdoer must be held responsible. This is known as the

principle of – *

abuse of right

vicarious liability

acts contra bonos mores

res ipsa loquitur

Other:

95) This principle covers situations that are contrary to morals especially where there

is fraud, oppression, deceipt, abuse of power or confidence - *

vicarious liability

bonos pater familias

acts contra bonos mores

abuse of right

Other:

96) The employer is obliged to pay compensation if the ffg. occurs in the course of

employment, except - *

Death or injuries to employees due to employee’s voluntary act

Death of or injuries to employees due to fortuitous event

Illness of disease caused by employment

Death of or injuries to employees due to accident

Other:

97) An employer may be exonerated from liability for tort committed by the employee if

he is able to prove that – *

He exercised due diligence in the selection of the employee

He exercised due diligence in the selection and supervision of the employee

He exercised due diligence in the instruction and supervision of the employee

He exercised due diligence in the supervision of the employee

Other:

98) A public officer who is the defendant in a case for damages for violation of civil

and political rights of citizens can escape liability under the doctrine of state

immunity. *

FALSE

TRUE

Other:
99) In transportation law, when a passenger is carried gratuitously, a stipulation

limiting the common carrier's liability for negligence is valid. *

FALSE

TRUE

Other:

100) Hijacking is a fortuitous event. *

FALSE

TRUE

Other:

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