Midterm Examination in Legal Aspects in Tourism

1. A owns a L300 VAN. B, his neighbor, asked A if he can rent his L300 for 1month so
that B can deliver all his goods in Batangas, A agreed. On the 3 rd week, while B is
driving C’s L300 Van, he accidentally side swept C, a pedestrian.

a) Is A liable to C for damages?

b) What defense/defenses can A use in court against C?
c) What action can C file against A and B?

2. In the same scenario above, what if A is in the business of VAN for hire.

a) Is A liable to C for damages?

b) What defense/defenses can A use in court against C?
c) What action can C file against A and B?
 A and B responsible for any damage or loss to the rental vehicle
3. In the same scenario above, what if A is in the business of VAN for hire and B is his
driver.

a) Is A liable to C for damages?

b) What defense/defenses can A use in court against C?
c) What action can C file against A and B?

4. A is a jeepney operator and B is one of his jeepney drivers. While B is driving A’s
jeepney, he lost control of the vehicle and crashed into a concrete wall. Several
passengers were injured and C, a pedestrian was also side swept by the jeepney before
it crashed into the wall. After the police investigation, it was found out that B is under the
influence of prohibited drugs.

a) Is A liable to the passengers and C for damages?

b) What defense/defenses can A use in court against the injured passengers?.
c) What defense/defenses can A use in court against C?
d) What action can C file against A and B?
E) What action can the passengers file against A and B?
 The passenger has the right to sue for damages. The passenger may pursue
compensation for damage caused as a direct result of their injuries.
5. B, a passenger of Philippine Airlines, noticed that the jewelries in her luggage bags
were missing. B filed a claim against PAL for the missing jewelries. PAL, on its defense
said that it is not liable for the lost jewelries because I written in their plane ticket that
the airline will not be liable to any lost items from the passengers' luggage.

Is PAL liable to B for the lost of her jewelries? Why?

6. B offered to sell his car to D and gave the latter 10 days to accept offer. On the 5 th
day B sold his car to F.

a) Is B liable to D?
b) Can D compel B to sell his car to him?
c) Is there a perfected contract between B and D?

7. B offered to sell his car to D for P1, 000, 000. D accepted the offer. D knows that the
car being offered is a car-napped car. While B is on his way to deliver the car to D, he
had an accident and the car was totally wrecked.

a) Is the contract between B and D valid?

b) Can D compel B to deliver another car?
c) Ca B compel D to pay him P1, 000, 000?

8. B sold his car to C for P1, 000, 000. On the day of the agreed delivery, B died. After
the intestate proceedings, the possession of the car was granted to B’s wife. Can C
compel B’s wife to deliver the car to him?

9. D and E entered into a contract of loan where D will lend E P1,000,000. It is also
agreed upon in the contract that E will pay D whenever he wants. Is the contract valid?

10. A obligates himself to sell his house and lot to B provided the latter will graduate in
college. On his graduation day B compelled A to sell his house and lot. Can B compel A
to sell his house and Lot to him?
 RUBRIC
CRITERIA PERFORMANCE POINTS
INDICATOR
Completeness Answers the specific 5
question that was asked.
Answered the entire
question, not just a part of
it.
Structure Response to each question 3
is well organized and
clearly written.
Writing skills Answer is clearly written, in 2
complete sentences, with
minimal errors in grammar
and spelling
TOT 10
AL