03/10/2023

Mantilla, Anjessette C. - JD-3A

TORTS - QUIZ 1

Atty. Marbella

1. Explain the concept of dandum absque injuria.

This principle is embodied in Article 19 of the Civil code which

substantially provides that a person who's legally exercises his act is
not liable to other person in cases of damages or injuries suffered by
that other person. Thus, if a person is legally exercising his/her rights
without the abuse of such right the person thereof will not be liable
for the damages or injuries caused to other person.

2. Explain concept of res ipsa loquitor.

Jurisprudence provides for the principle of res ipsa loquitor,

wherein the injury or damage suffered by another person is under the
control of the wrongdoer, injury or damage may be prevented if the
wrongdoer only control or prevented the cause of the injury or
damage and without any contribution or is impossible for the person
being injured to sontribute for such injury or damage. Thus, since the
injury or damage was done under the control of the wrongdoer such
wrongdoer is being made liable for such injury or damage.

3. What is the concept of imputed negligence?

Jurisprudence provides that imputed negligence are those

negligence wherein the negligence of the person injured is the cause
of his/her injury suffered. The proximate cause of the injury of the
person injured is his/her negligence in this case the person injured
cannot recover damage even if the injury is cause by some other
person or circumstances.

4. Enumerate who are the person vicariously liable for the acts of another.
1
 Under the provision of the Civil Code in quasi-delict the
following are the persons vicariously liable for the acts of another:
Employers liable for the acts of their employees in the exercise of
their duties; teachers liable for the acts of their students which is
under their supervision even during recess or break; State or
government liable for the act of their officials or employees if such act
or duties is not considered as governmental and is only proprietary;
and parents as provided further under Article 221 of the family code
who are liable for the acts of their children who are under their
custody or supervision.

5. What is/are the possible defense of an employer being made vicariously

liable for the acts of his/her employee?

Jurisprudence provides for the possible defenses of an

employer made vicariously liable for the acts of his/her employee:
One of which is that the employer exercised the due diligence in the
selection and supervision of their employees; that they are only
subsidiary liable instead of solidary liable in cases where the civil
action filed against the employee is ex delicto; and that there is no
employee-employer relationship exist when the wrong was committed
by the employee.