Practice question
A properly established Article2180 claim is brought directly against an employer for an employee acting within assigned tasks. The employer says the claimant must first exhaust employee assets solely because every employer liability is subsidiary. What does Barredo establish?
- That premise does not defeat the independent primary quasi-delict claim
- All employer claims are exclusively subsidiary
- Employee insolvency is indispensable to every civil-law claim
- Only the employee’s heirs can ever be sued
- No employer can be liable for assigned work
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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