Practice question
A bus employee negligently injures a passenger in circumstances covered by Article 1759 while violating the carrier’s orders. Carrier proves it issued good rules and carefully hired the employee. Which is best?
- Violation of orders and hiring diligence do not by themselves defeat Article 1759 liability.
- Disobedience always eliminates carrier responsibility.
- Every passenger must first sue the trainer.
- A printed rule creates an absolute exemption.
- Employee negligence cannot arise in carriage.
Legal references
- Civil Code Articles 1174, 1759, 2176-2180: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Safeguard Security Agency, Inc. v. Tangco, G.R. No. 165732, December 14, 2006, main decision: https://lawphil.net/judjuris/juri2006/dec2006/gr_165732_2006.html
- Tiu v. Arriesgado, G.R. No. 138060, September 1, 2004, main decision: https://lawphil.net/judjuris/juri2004/sep2004/gr_138060_2004.html
Answer this question in flashcards to review your response and continue practicing.