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Question

G. Civil Liability Ex-Delicto: Primary and Subsidiary

Alice, a police officer, was chasing a suspected thief when she accidentally bumped into a pedestrian named Ben. Ben suffered injuries as a result of the collision and incurred medical expenses for his treatment. The police incident report clearly indicates that the collision was unintentional and occurred while Alice was in the performance of her official duties. Ben decides to file a civil case against Alice to claim damages for the injuries he sustained.

1. Discuss whether Ben can hold Alice primarily or subsidiarily liable for the damages he suffered. Explain the concept of primary and subsidiary liability under civil law.
2. Assuming that Ben can hold Alice primarily liable, explain the elements that Ben must prove in order to successfully establish Alice's civil liability ex-delicto. Cite relevant laws and jurisprudence in your answer.
3. Alternatively, assuming that Ben can hold Alice subsidiarily liable, discuss the circumstances under which a person can be held subsidiarily liable for the acts or omissions of another person. Cite relevant laws and jurisprudence in your answer.

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Answer