Practice question
A passenger proves an employee-caused injury within the common carrier’s Article1759 responsibility. The carrier invokes only diligence in selecting and supervising that employee. Which is correct?
- That proof alone does not supply the claimed Article1759 exemption
- It necessarily defeats every contractual carriage claim
- It turns the passenger into the employer
- It erases the contract retroactively
- It is identical to proof that no injury occurred
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1759,2176–2180.
- Revised Penal Code Act3815: https://lawphil.net/statutes/acts/act_3815_1930.html Article103.
- Barredo v Garcia GR48006 July8,1942 MAIN: https://lawphil.net/judjuris/juri1942/jul1942/gr_48006_1942.html Primary employer tort liability distinguished from subsidiary penal liability.
- Cangco v Manila Railroad GRL12191 October14,1918 MAIN: https://lawphil.net/judjuris/juri1918/oct1918/gr_l-12191_1918.html Contract liability distinguished from selection-supervision defense.
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