Philippine Bar review · Question

Practice question: Culpa aquiliana vs. Culpa contractual vs. Culpa criminal

Multiple Choice Hard

Practice question

A repair company has a contract with a shop owner. While working, its employee negligently drops equipment onto a passerby’s property; the shop owner also alleges an independently actionable negligent injury to property beyond mere failure to complete repairs. A party says that any contract anywhere in the facts bars every quasi-delict analysis. Which is correct?
  1. The presence of any agreement bars every tort claimant
  2. Each claimant’s duty and injury must be assessed; a contract does not automatically eliminate an independent tort or a stranger’s quasi-delict claim
  3. The passerby must become a party to the repair contract before suing
  4. Every contractual breach is automatically criminal
  5. No causal proof is needed

Legal references

  • Civil Code, Article 2176; Far East Bank v. Court of Appeals, G.R. 108164, February 23, 1995: https://lawphil.net/judjuris/juri1995/feb1995/gr_108164_1995.html

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