TORTS Lecture – 07122019

LIABILITY OF THE STATE (2180)

 Governmental function – never liable for quasi-delict;

 If the driver of the government was given a non-official function, commits tort – you can make
the State liable for this, provided you can prove that the driver was given a job outside of his job
description by the state.
 Proprietary function – liable as an ordinary employee.

EMPLOYER – EMPLOYEE

 Employer is presumed to be negligent upon proof of negligence on the part of the employee.

ART. 2184 (compare with Art 2180)

 If your driver hits a pedestrian because of tort, you are automatically solidarily liable with your
driver.
 Defense: exercise diligence to prevent the danger.

ART. 2185

 When you have committed a traffic violation, you are automatically presumed to be negligent.
Pedestrian does not need to prove your negligence, it is enough that there is injury.
 Burden of proof shifts on to the driver.
 Remedy: almost impossible to dispute.

ASSIGNMENT

Article 2203

Belardo Lim v CA