Justice League Law

123 Honeymoon Avenue

Shire City
Telefax: 123456

Spouses Caballes
321 Ariana St.
Shire City

Re: Liability …

Dear Mrs. Caballes:

I am writing on behalf of the law firm. This letter will inform you of your chances
in recovering damages due to your recent accident. Your right to damages is
grounded on the negligence of the defendant and is therefore civilly liable.

We will also address your liability towards Cookie Bakery for your inability to
deliver the agreed quantity of goods sold.

The facts we know are as written below. Please let us know if there is anything we
miss.

On the dawn of the New Years, misfortune struck you and your husband. On
January 18, 2018, in relation to your business of delivering eggs, you were
delivering 12 trays of eggs to Cookie’s bakery. While in transit, you got into an
accident for unbeknownst to you and your husband, were traveling in a railroad
tract which led to the collision of your delivery truck with an approaching train,
owned by, Ipil Railroad Company. During the collision, it was admitted by the
driver there was a malfunction of the breaking system of the train. Although he
tried to stop the train, it was all for naught.
Prior to the accident, there had been no notice nor sign of the existence of the
crossing, nor was there anybody to warn the public of approaching trains. The
flagman or switchman arrived after the collision, coming from the station with a
red flag in one hand and a green one in the other, both of which were wound on
their respective sticks. The said flagman or switchman had many times absented
himself from his post at the crossing upon the arrival of the train. The train left Bay
Station a little late and therefore travelled a great speed.
In consequence, your leg was fractured and face was deformed. And of the 12 trays
of eggs to be delivered, only 4 trays remained intact.
 ISSUES

1. Can Ipil Railroad be held liable for the damages suffered by you and your
husband?
2. Can Cookies bakery be compelled to accept the 4 remaining trays of eggs?
If so, how much should she pay?

BRIEF ANSWERS

1. Yes. The cause of action originates from the failure of the rail road
company to exercise due diligence in the exercise of their business
actuations.
2. The Bakery company may exercise the remedies granted by the law to
buyers in a sale of goods without prejudice to the seller’s exemption from
liability arising from a fortuitous event.

RULE AND APPLICATION

In view of the foregoing, I am of the opinion that the railroad company alone is
liable for the accident by reason of its own negligence and that of its employees for
not having employed the proper diligence required in the discharge of their duties.
This is a case of civil negligence. The negligence here is direct, substantive and
independent.1 It is independent of a contract since there is no pre-existing
obligation between the complainant and the driver of the train and the owner of
railroad company. Hence, the injured party can bring an action against the driver
and the owner-operator of the train.
The driver could have been liable for his negligence in making the injury, however

1
Rakes v. Atlantic Gulf & Pacific Co., 7 Phil. 395