Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

Under Article1759, does a common carrier escape employee-caused passenger injury liability merely by proving careful employee selection and supervision?
  1. No
  2. Yes, always
  3. Yes, if the employee was polite
  4. Yes, if the bus was painted recently
  5. Yes, if a stranger approved the driver

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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