Philippine Bar review · Question

Practice question: Under the Civil Code

Multiple Choice Hard

Practice question

During carriage, an employee wilfully injures a passenger while violating express company orders. A ticket says the carrier is never responsible for unauthorized employee acts. Which Civil Code rules govern?
  1. Articles 1759 and 1760 impose employee-act responsibility and prevent its removal by the ticket clause.
  2. Only the employee may be liable because orders were violated.
  3. A ticket always overrides Article 1759.
  4. All wilful employee acts are legally acts of strangers.
  5. The passenger must first become a shareholder to recover.

Legal references

  • Civil Code, Articles 1741, 1743, 1745-1747 and 1758-1761: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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