問題一覧
1
• A party is injured • Injury is due to the negligence or fault of another • Connection between the fault or negligence of the one party and the injury incurred by the other party • There is no pre-existing contractual relation between the parties
2
3) The owners and managers of an establishment or enterprise, with respect to damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions; (4) Employers with respect to damages of their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.
3
(3) As a general rule when an injury is caused by the employee while performing his function, there is a presumption of negligence on the part of the employer in either the selection or supervision of the employees, it is not without an exception. The presumption is rebuttable upon presentation of the employer of a proof that he observed the diligence of a good father of the family in the selection and supervision of his employee.
4
Art. 1163 of the NCC Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. Art. 1173 of the NCC If the law or contact does not state the diligence which is to be observed in the performance, that which to be expected of a good father of the family shall be required.
5
Did the person in doing his the alleged negligent act use the reasonable care and caution which an ordinary prudent person would have used in the same situation? If the answer is in the negative then he is negligent.
6
• A party is injured • Injury is due to the negligence or fault of another • Connection between the fault or negligence of the one party and the injury incurred by the other party • There is no pre-existing contractual relation between the parties
7
As a general rule "There is no delay or there is no demand" thus it is necessary the exception to this rule are the following: 1. When the law so provides 2. When obligation do provides 3. When time is of the essence 4. When demand would be useless
8
Actual Damages Moral Damages Nominal Damages Temperate or Moderate Damages Liquidated Damages Exemplary or Corrective Damages
THC1104 - MIDTERMS FESTIVALS
THC1104 - MIDTERMS FESTIVALS
a consecrated person to Saint Michael the Archangel · 25問 · 1年前THC1104 - MIDTERMS FESTIVALS
THC1104 - MIDTERMS FESTIVALS
25問 • 1年前THC1104 - ATTRACTIONS
THC1104 - ATTRACTIONS
a consecrated person to Saint Michael the Archangel · 18問 · 1年前THC1104 - ATTRACTIONS
THC1104 - ATTRACTIONS
18問 • 1年前Data Collection
Data Collection
a consecrated person to Saint Michael the Archangel · 15問 · 1年前Data Collection
Data Collection
15問 • 1年前Mendeley
Mendeley
a consecrated person to Saint Michael the Archangel · 7問 · 1年前Mendeley
Mendeley
7問 • 1年前Statistical Treatment of Data
Statistical Treatment of Data
a consecrated person to Saint Michael the Archangel · 14問 · 1年前Statistical Treatment of Data
Statistical Treatment of Data
14問 • 1年前Statistical Test in Hypothesis
Statistical Test in Hypothesis
a consecrated person to Saint Michael the Archangel · 7問 · 1年前Statistical Test in Hypothesis
Statistical Test in Hypothesis
7問 • 1年前TAGLINES NCR
TAGLINES NCR
a consecrated person to Saint Michael the Archangel · 15問 · 1年前TAGLINES NCR
TAGLINES NCR
15問 • 1年前Capitals
Capitals
a consecrated person to Saint Michael the Archangel · 17問 · 1年前Capitals
Capitals
17問 • 1年前Capitals R (I,II,III,IV-A,IV-B,V)
Capitals R (I,II,III,IV-A,IV-B,V)
a consecrated person to Saint Michael the Archangel · 43問 · 1年前Capitals R (I,II,III,IV-A,IV-B,V)
Capitals R (I,II,III,IV-A,IV-B,V)
43問 • 1年前Recreation, Leisure and Sports
Recreation, Leisure and Sports
a consecrated person to Saint Michael the Archangel · 25問 · 1年前Recreation, Leisure and Sports
Recreation, Leisure and Sports
25問 • 1年前SPA History and Types
SPA History and Types
a consecrated person to Saint Michael the Archangel · 13問 · 1年前SPA History and Types
SPA History and Types
13問 • 1年前10 Articles
10 Articles
a consecrated person to Saint Michael the Archangel · 10問 · 1年前10 Articles
10 Articles
10問 • 1年前Top Ten Global Trends for 2011
Top Ten Global Trends for 2011
a consecrated person to Saint Michael the Archangel · 10問 · 1年前Top Ten Global Trends for 2011
Top Ten Global Trends for 2011
10問 • 1年前10 Articles and Definitions
10 Articles and Definitions
a consecrated person to Saint Michael the Archangel · 19問 · 1年前10 Articles and Definitions
10 Articles and Definitions
19問 • 1年前Ancient Civilizations
Ancient Civilizations
a consecrated person to Saint Michael the Archangel · 32問 · 1年前Ancient Civilizations
Ancient Civilizations
32問 • 1年前Pasttimes in the Middle Ages
Pasttimes in the Middle Ages
a consecrated person to Saint Michael the Archangel · 14問 · 1年前Pasttimes in the Middle Ages
Pasttimes in the Middle Ages
14問 • 1年前SDG GOALS
SDG GOALS
a consecrated person to Saint Michael the Archangel · 21問 · 1年前SDG GOALS
SDG GOALS
21問 • 1年前Defintion of SDG Goals
Defintion of SDG Goals
a consecrated person to Saint Michael the Archangel · 20問 · 1年前Defintion of SDG Goals
Defintion of SDG Goals
20問 • 1年前問題一覧
1
• A party is injured • Injury is due to the negligence or fault of another • Connection between the fault or negligence of the one party and the injury incurred by the other party • There is no pre-existing contractual relation between the parties
2
3) The owners and managers of an establishment or enterprise, with respect to damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions; (4) Employers with respect to damages of their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.
3
(3) As a general rule when an injury is caused by the employee while performing his function, there is a presumption of negligence on the part of the employer in either the selection or supervision of the employees, it is not without an exception. The presumption is rebuttable upon presentation of the employer of a proof that he observed the diligence of a good father of the family in the selection and supervision of his employee.
4
Art. 1163 of the NCC Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. Art. 1173 of the NCC If the law or contact does not state the diligence which is to be observed in the performance, that which to be expected of a good father of the family shall be required.
5
Did the person in doing his the alleged negligent act use the reasonable care and caution which an ordinary prudent person would have used in the same situation? If the answer is in the negative then he is negligent.
6
• A party is injured • Injury is due to the negligence or fault of another • Connection between the fault or negligence of the one party and the injury incurred by the other party • There is no pre-existing contractual relation between the parties
7
As a general rule "There is no delay or there is no demand" thus it is necessary the exception to this rule are the following: 1. When the law so provides 2. When obligation do provides 3. When time is of the essence 4. When demand would be useless
8
Actual Damages Moral Damages Nominal Damages Temperate or Moderate Damages Liquidated Damages Exemplary or Corrective Damages