ARELLANO UNIVERSITY
Torts and Damages
INSTRUCTIONS. Choose the best answer.
I. MCQ. Choose the BEST answer.
1. Alex bought a canned good from a store, ate it, and
suffered from poisoning caused by a noxious substance
found in it. Which of the following defenses will hold in
favor of the manufacturer of the canned good?
a. The expiry date was clearly printed on the can, still the
store sold and Alex bought it.
b. Alex must have detected the noxious substance by smell,
yet he still ate it.
c. The manufacturer had no transaction with Alex.
d. The manufacturer enjoys the presumption of safeness of
its canning procedure.
2. In the award of this kind of damages, no proof of loss
is necessary:
a. nominal damages
b. temperate damages
c. liquidated damages
d. exemplary damages
3. Minda rode a bus on her way to the hospital for a pre-
natal check up. Unfortunately, the bus met an accident
due to the gross negligence of the driver. As a
consequence, Minda suffered an abortion. May she
recover actual damages for the death of her unborn
child?
a. Yes, since the foetus is already regarded as a child from
conception, though unborn.
b. No, since the bus driver would not have known that the
accident would result in Minda’s abortion.
c. Yes, Minda believed in her heart that she lost a child.
d. No, since birth determines personality, the accident did
not result in the death of a person.
4. Moral damages are recoverable in the following cases,
except:
a. seduction
b. quasi-delict
c. malicious prosecution
d. slander
5. Shiela owned a pet iguana which she keeps in a man-
made pond enclosed by a fence situated in her residential
lot. A typhoon knocked down the fence of the pond and
the iguana crawled out of the gate. Lorena, a neighbor
who was passing by, started throwing stones at the
iguana, drawing the iguana to move toward her. Lorena
panicked and ran but tripped on something and suffered
a broken leg. Is Shiela, as possessor of the animal, liable
for Lorena's injuries?
a. Yes, even if the iguana escaped.
b. No, because Lorena acted negligently.
“It is wiser to find out than to suppose.” –Mark Twain
“Few minds wear out, most rust out.” –Christian Nextell Bovee
“Tough times never last, but tough people do.” –Robert H. Schuller
“Start by doing what's necessary; then do what's possible; and suddenly you are doing the impossible.” –Francis of Assisi
c. Yes, since the liability is not based on negligence.
d. No, because the iguana escaped due to fortuitous event.
6. Local governments have the power to abate a:
a. Nuisance per se
b. Nuisance per accidens
c. Public Nuisance
d. Private Nuisance
7. Gina owned a bare and simple swimming pool in her
garden. Donna, a 7-year old child, surreptitiously entered
the garden and accidentally fell into the pool. Is Gina
liable for the injuries that Donna sustained premised on
the principle of attractive nuisance?
a. No, Donna was 7 years old and knew the dangers that
the pool offered.
b. Yes, Gina had the duty to prevent children from coming
near it.
c. No, since the pool had no enticing decorations that
would attract Donna.
d. Yes, Gina did not cover the swimming pool while not in
use.
8. The defendant is liable even without fault under:
a. vicarious liability
b. special torts
c. strict liability torts
d. nuisance
9. While the district gradually becomes a trading or
manufacturing area, a resident cannot prohibit the
businesses in his neighborhood, except if:
a. they interfered with his personal satisfaction
b. they produced ordinary annoyances
c. they created incidental discomforts
d. they surpassed customary inconveniences
10. The parties may agree to reduce or increase the 30-
day period within which to correct any imperfection in
the quality of the product but such shall not be less than 7
days nor more than ___ days.
a. 180
b. 140
c. 160
d. 120
11. Which of the following does not constitute abuse of
rights but is actionable:
a. humiliating a gate crasher while asking him to leave
b. disconnecting unpaid utility services without notice
c. seducing a 19-year old woman
d. breach of promise to marry
ARELLANO UNIVERSITY
Torts and Damages
INSTRUCTIONS. Choose the best answer.
12. The employee injured a third person while driving the
company-issued vehicle in traveling to work. Is the
employer vicariously liable?
a. Yes, because the employee acted within the scope of
employment.
b. No, because the employee drove the vehicle for personal
use.
c. Yes, because the employee continues in the service of
employer until he reaches home.
d. No, because traveling to work is a personal concern of
the employee.
13. After rendering some overtime work in Makati, the
employee went to a restaurant in Tagaytay to eat dinner
using a company-issued vehicle. At around 2am the
following day, the employee injured a third person while
driving on his way home. Is the employer vicariously
liable?
a. Yes, because there was benefit to the employer.
b. No, because the employee left the direct route from his
work.
c. Yes, because the employee acted within the scope of
employment.
d. No, because the employee drove the vehicle for personal
use outside working hours.
14. Are the biological parents vicariously liable if their
minor child undergoing the process of adoption
committed a tort?
a. Yes, if tort happened after trial custody.
b. No, if tort happened before the trial custody.
c. Yes, if tort happened before completion of trial custody.
d. No, if tort happened before decree of adoption.
15. The State is vicariously liable for acts done through a
special agent who is a:
a. Public official commissioned to perform a special task
foreign to his usual governmental function.
b. Private individual commissioned to perform a non-
governmental function.
c. Public official commissioned to perform a non-
governmental function.
d. Private individual commissioned to perform a special
task foreign to his usual governmental functions.
“It is wiser to find out than to suppose.” –Mark Twain
“Few minds wear out, most rust out.” –Christian Nextell Bovee
“Tough times never last, but tough people do.” –Robert H. Schuller
“Start by doing what's necessary; then do what's possible; and suddenly you are doing the impossible.” –Francis of Assisi
II. ESSAY. Answer the questions directly and concisely
using at most five sentences. Do not repeat the question.
1.
A owns a burned-out building which collapsed
and destroyed the nearby shop of B who suffered physical
injuries. Aggrieved, B filed against A an action for
damages. In defense, A claimed that B has the last clear
chance to avoid the incident after warning him to relocate
the shop. Is A liable for B’s injuries?
2.
X owns an apartment which he leased to Y. Later,
in order to force Y to leave the premises, X stopped making
repairs and disconnected the water and electricity services.
Due to difficulty of living in the apartment, Y suffered a
nervous breakdown. Y sued X for damages. Is X liable for
actual, moral and exemplary damages?
3.
A hired the services of B to construct a day care
center with a total contract price of one million pesos
which he intends to donate in favor of a charity foundation.
After finishing about 93% of the structure, B suddenly
ceased operations and failed to complete the project.
Considering the substantial services rendered, B filed a
case against A to reocover the entire contract price.
Aggrieved, A refused to pay and countered that the
unfounded suit damaged his reputation as a philanthropist.
Is A entitled to moral damages and attorney's fees?
4.
X and Y maintain an amorous relationship for
almost two months. Later, X discovered that Y is an
exhibitionist and a womamizer. X sued Y for damages
because of his immorality and dishonesty. Is Y liable for
moral damages?
5.
A obtained a loan from B secured by a promissory
note due on December 25, 2018 but without any stipulation
on the payment of interest. Meantime, A and B had a
heated exchange of words. Out of spite, A deliberately
defaulted in paying the debt forcing B to file an action for
sum of money. Can B claim actual, moral, nominal and
temperate damages?
--Nothing Follows--