Reference no: EM133257017
Question 1. When would an employer's liability for damage, caused by an employee in the performance of his assigned tasks, be primary and when would it be subsidiary in nature? Explain and give legal basis.
2. In relation to the immediately preceding question, would the defense of due diligence in the selection and supervision of employee be available to the employer in both instances? Explain and give legal basis.
3.John Arya went to a store to buy a pack of cigarettes worth Php 225.00 only. He gave the vendor, Dominic Siara, a P500-peso bill. The vendor gave him the pack plus P375.00 change. Was there a discount, an oversight or an error in the amount given? Explain.
a.) What would be John Arya's duty, if any, in case of an excess in the amount of change given by the vendor? How is this situational relationship between John Arya and Dominic Siara denominated? Explain.
b.) Would your answer be the same in the immediately preceding question, if a discount was given by the vendor to John Arya? Explain.
4. What is the concept of Proscription of Double Recovery from the same act or omission? Explain and illustrate.
5. OJ was employed as a professional driver of Langit Express Transit Bus owned by Mr. FT. In the course of his work, OJ hit a pedestrian who was seriously injured and later died in the hospital as a result of the accident. The victim's heirs sued the driver and the owner of the bus for damages. Is there a presumption in this case that Mr. FT, the owner, had been negligent? If so, is the presumption absolute or not? Explain.
6. After working overtime up to midnight, Alberto, an executive of an insurance company drove a company vehicle to a favorite videoke bar where he had some drinks and sang some songs with friends to "unwind". At 2:00 a.m., he drove home, but in doing so, he bumped a tricycle, resulting in the death of its driver. May the insurance company be held liable for the negligent act of Alberto? Explain.
II. As a result of collision between the taxicab owned by A and driven by B and another private vehicle owned by C and driven by his driver D, X, a passenger of the first taxicab and Y, a passenger of the private vehicle was seriously injured. Z, a pedestrian, was hit by the private vehicle as the same lost control after being bumped by the taxicab from the rear. The accident resulted to the death of Z.
a.) May both A and C raise the defense of due diligence in the selection and supervision of their drivers to be absolved from liability or damages to X? Reason.
b.) As the families of X, Y, and Z, respectively, were confused as against the person/s liable for the injuries and death brought about by the accident, they consulted you and asked legal advice as against whom they should file a case and their possible cause/s of action, if any. As their lawyer, what advice will you give to the respective families of X, Y, and Z? Discuss exhaustively.
c.) What are the possible defense/s of A, B, C, and D? Discuss exhaustively.