LA- FINALS

Question 1

a legal wrong committed upon a person or property that is independent of the contract

Answer 1

TORT

Question 2

TORT is taken from the word

Answer 2

torque- to twist

Question 3

this is also defined as the fault/ negligence of a person (by his act or omission, connected or unconnected, but independent from any contract`) causes damage to another person

Answer 3

Article 2176 (TORT)

Question 4

TRUE/ FALSE: if there is no contract there is no tort

Answer 4

FALSE (if there is no contract there is still a tort)

Question 5

TRUE/ FALSE: TORT is not applicable if no one made a complaint

Answer 5

TRUE

Question 6

four (4) major purposes of TORT:

Answer 6

1. provide peaceful means (adjust the rights of parties who might take the law into their own hands)
2. deter wrongful conduct
3. encourage socially-responsible behavior
4. restore injured parties to their original condition (by compensating them for their injury)

Question 7

three (3) elements of TORT:

Answer 7

1. damages suffered by the plaintiff
2. fault/ negligence of the defendant
3. casual connection between the fault/ negligence of the defendant’s acts & the damages incurred by plaintiff

Question 8

signifies voluntary act/ omission causing damages to the right of another giving rise to an obligation of the actor to repair such damage

Answer 8

fault

Question 9

if this is present, it means you omitted something. there is no room for this

Answer 9

fault

Question 10

___ is a result of negligence

Answer 10

fault

Question 11

consists in the omission to do certain acts which results to the damage to another

Answer 11

negligence

Question 12

this happens when someone failed to focus or give attention to something

Answer 12

negligence

Question 13

three (3) kinds of fault:

Answer 13

1. culpa aquilina
2. culpa contractual
3. culpa criminal

Question 14

• a substantive and independent fault
• no pre-existing relation
• there is a seperate source of obligation independent of contract
• guilty of an act/ failure to act

Answer 14

culpa aquilina

Question 15

• this refers to damages caused by omission and negligence
• minor offense
• a civil case

Answer 15

culpa aquilina

Question 16

culpa aquilina/ TORT

Answer 16

article 2176

Question 17

aka contractual fault

Answer 17

culpa contractual

Question 18

• this fault exists as incident in the performance of an existing obligation/ breach of contract
• not criminal but there is breach of contract

Answer 18

culpa contractual

Question 19

culpa contractual

Answer 19

article 1170- 1173

Question 20

those who in the performance of their obligation are guilty of fraud, negligence or delay

Answer 20

culpa contractual

Question 21

• negligence arising from criminal act
• affects public interest and punishes criminal acts
• an example of criminal case

Answer 21

culpa criminal

Question 22

this involves the death or loss of life of an employee

Answer 22

culpa criminal

Question 23

persons liable for damages arising from torts:

Answer 23

article 2180 (vicarious liability)

Question 24

a rule of responsibility which renders the defendant liable for the torts committed

Answer 24

article 2180 (vicarious liability)

Question 25

six (6) persons liable for damages arising from torts:

Answer 25

1. father/ mother 2. guardians 3. owners/ managers 4. employer 5. state 6. teacher/ head

Question 26

-responsible for the damages caused by minor children who lives in their company (applicable if under the same house)

Answer 26

father/ mother

Question 27

liable for damages caused by the minors/ incapacitated persons who are under their authority and live in their company

Answer 27

guardians

Question 28

responsible for damages caused by employees in the service of the branches in which the latter are employed/ on occasion of functions

Answer 28

owners/ managers

Question 29

liable for damages caused by their employees & household helpers acting within the scope of their assigned tasks (even thought the former is not engaged in any business/ industry)

Answer 29

employers

Question 30

responsible in likewise manner when acted through a special agent, but not when the damage has been caused by the official to whom the task done properly pertains (in which case is provided by art. 2176)

Answer 30

state

Question 31

establishments of arts and trades shall be liable for damages caused by their students, so long as they remain in their custody

Answer 31

teacher/ head

Question 32

common ground

Answer 32

there is always a fault caused by: 1. negligence 2. omission

Question 33

pecuniary (financial) compensation/ recompense/ satisfaction for an injury sustained or expressed

Answer 33

damages

Question 34

the pecuniary (financial) consequences the law imposes for the breach of some duty/ violation of rights

Answer 34

damages

Question 35

four (4) kinds of damages (art. 2197)

Answer 35

1. actual/ compensatory damages 2. moral 3. liquidated 4. exemplary/ corrective

Question 36

actual/ compensatory damages

Answer 36

article 2199

Question 37

- one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved - can be done amicably (no need for court)

Answer 37

actual/ compensatory damages (article 2199)

Question 38

moral damages

Answer 38

article 2217

Question 39

- though incapable of pecuniary computation, this may be recovered if they are proximate result of the defendant's wrongful acts/ omission - exs. physical suffering, serious anxiety, social humiliation, etc.

Answer 39

moral damages (art. 2217)

Question 40

liquidated damages

Answer 40

article 2276

Question 41

- those agreed upon by the parties to a contract, to be paid in case of breach

Answer 41

liquidated damages (art. 2276)

Question 42

exemplary/ corrective damages

Answer 42

article 2229

Question 43

- imposed by way of example/ correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages - damages wherein the court is the one who points out the faults

Answer 43

exemplary/ corrective damages (art. 2229)

Question 44

all forms of this harassment in employment, education, or training environment is illegal

Answer 44

anti-sexual harassment act, 1995

Question 45

sexual harassment as a request for sexual favor, accepted or not, from persons with authority

Answer 45

anti-sexual harassment act, 1995

Question 46

this is committed when a favor is demanded in return for employment or promotion. refusal results in impairment of rights and opportunities.

Answer 46

sexual harassment

Question 47

TRUE/ FALSE: any person who induces another to commit/ cooperates in the commission of sexual harassment is not liable

Answer 47

FALSE (not liable- liable)

Question 48

the employer/ head of office has the duty to prevent, provide procedures for the investigation through the creation of a ____

Answer 48

committee on decorum and investigation

Question 49

TRUE/ FALSE: liability of the employer arises when upon being informed, no action is taken

Answer 49

TRUE

Question 50

two (2) types of sexual harassment:

Answer 50

1. quid pro quo sexual harassment 2. hostile environment

Question 51

this happens when a manager demands sexual intimacy from a subordinate/ possible hire in exchange for employment

Answer 51

quid pro quo sexual harassment

Question 52

this can take place when unsolicited criticisms and action interfere with the employee's performance well-being/ created a disrespectful work environment

Answer 52

hostile environment

Question 53

examples of hostile environment

Answer 53

vulgar words nude pictures offensive statements

Question 54

according to TORT law, if there is negligence & omission in a hotel, it is considered a ___

Answer 54

liability

Question 55

article 2276

Answer 55

liquidated damages

Question 56

article 2199

Answer 56

compensatory damages