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Philippine Bar review · Question

Practice question: Concept and Elements of Quasi-Delict

Multiple Choice Hard Jurisprudence

Practice question

An employee alleges that an employer's grossly negligent maintenance of a hazardous workplace independently caused a serious illness, beyond merely failing to perform a contractual promise. The employer seeks dismissal solely because an employment contract exists. Which proposition is consistent with Indophil?
  1. Any contract categorically excludes every independent tort claim
  2. An existing contract does not by itself exclude a sufficiently established direct, substantive and independent tort; the actual basis and elements must be examined
  3. The allegation alone conclusively proves liability
  4. Every employment dispute is automatically a quasi-delict
  5. The employee must abandon proof of causation

Legal references

  • Civil Code Articles 2176–2179: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Indophil Textile Mills v. Adviento, GR 171212, August 4, 2014, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/57299

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