Name:

I. MCQ. Choose the BEST answer.

1. Alex bought a canned good from a store, ate it, and suffered from poisoning
caused by a noxious substance found in it. Which of the following defenses will hold
in favor of the manufacturer of the canned good?

a. The expiry date was clearly printed on the can, still the store sold and Alex bought it.
b. Alex must have detected the noxious substance by smell, yet he still ate it.
c. The manufacturer had no transaction with Alex.
d. The manufacturer enjoys the presumption of safeness of its canning procedure.

2. In the award of this kind of damages, no proof of loss is necessary:

a. nominal damages
b. temperate damages
c. liquidated damages
d. exemplary damages

3. Minda rode a bus on her way to the hospital for a pre-natal check up.
Unfortunately, the bus met an accident due to the gross negligence of the driver. As a
consequence, Minda suffered an abortion. May she recover actual damages for the
death of her unborn child?

a. Yes, since the foetus is already regarded as a child from conception, though unborn.
b. No, since the bus driver would not have known that the accident would result in
Minda’s abortion.
c. Yes, Minda believed in her heart that she lost a child.
d. No, since birth determines personality, the accident did not result in the death of a
person.

4. Moral damages are recoverable in the following cases, except:

a. seduction
b. quasi-delict
c. malicious prosecution
d. slander
5. Shiela owned a pet iguana which she keeps in a man-made pond enclosed by a
fence situated in her residential lot. A typhoon knocked down the fence of the pond
and the iguana crawled out of the gate. Lorena, a neighbor who was passing by,
started throwing stones at the iguana, drawing the iguana to move toward her.
Lorena panicked and ran but tripped on something and suffered a broken leg. Is
Shiela, as possessor of the animal, liable for Lorena's injuries?

a. Yes, even if the iguana escaped.

b. No, because Lorena acted negligently.
c. Yes, since the liability is not based on negligence.
d. No, because the iguana escaped due to fortuitous event.

6. Local governments have the power to abate a:

a. Nuisance per se
b. Nuisance per accidens
c. Public Nuisance
d. Private Nuisance

7. Gina owned a bare and simple swimming pool in her garden. Donna, a 7-year old
child, surreptitiously entered the garden and accidentally fell into the pool. Is Gina
liable for the injuries that Donna sustained premised on the principle of attractive
nuisance?

a. No, Donna was 7 years old and knew the dangers that the pool offered.
b. Yes, Gina had the duty to prevent children from coming near it.
c. No, since the pool had no enticing decorations that would attract Donna.
d. Yes, Gina did not cover the swimming pool while not in use.

8. The defendant is liable even without fault under:

a. vicarious liability
b. special torts
c. strict liability torts
d. nuisance

9. While the district gradually becomes a trading or manufacturing area, a resident

cannot prohibit the businesses in his neighborhood, except if:

a. they interfered with his personal satisfaction

b. they produced ordinary annoyances
c. they created incidental discomforts
d. they surpassed customary inconveniences

10. The parties may agree to reduce or increase the 30-day period within which to
correct any imperfection in the quality of the product but such shall not be less than
7 days nor more than ___ days.

a. 180
b. 140
c. 160
d. 120

11. Which of the following does not constitute abuse of rights but is actionable:

a. humiliating a gate crasher while asking him to leave

b. disconnecting unpaid utility services without notice
c. seducing a 19-year old woman
d. breach of promise to marry

Answer:
1. C
2. A
3. D
4. B
5. D
6. C
7. C
8. C
9. A
10. A
11. D

II. ESSAY. Answer the questions directly and concisely. Do not repeat the question.

1.
A owns a burned-out building which collapsed and destroyed the nearby shop of
B who suffered physical injuries. Aggrieved, B filed against A an action for damages. In
defense, A claimed that B has the last clear chance to avoid the incident after warning
him to relocate the shop. Is A liable for B’s injuries?

Ans.
No. A is not liable for damages.
 Under the doctrine of last clear chance, where both parties are negligent but the
negligent act of one is appreciably later in point of time than that of the other, or where it
is impossible to determine whose fault or negligence brought about the occurrence of the
incident, the one who had the last clear opportunity to avoid the impending harm but
failed to do so, is chargeable with the consequences arising therefrom.

Here, A has already warned B to relocate his shop to avoid an impeding incident.
B has the last clear chance to do so but did not do acts that could have prevented the
incident from causing damage to him.

2.
X owns an apartment which he leased to Y. Later, in order to force Y to leave the
premises, X stopped making repairs and disconnected the water and electricity services.
Due to difficulty of living in the apartment, Y suffered a nervous breakdown. Y sued X
for damages. Is X liable for actual, moral and exemplary damages?

Ans.
Yes X is liable for actual, moral and exemplary damages.

To establish the liability of a person for actual, moral and exemplary damages, it
is necessary that there is the presence of Torts. To wit: 1.) there is an existence of a legal
right 2.) there is an obligation on the part of the defendant to observe such right 3.) there
is a violation of such right.

Here, the act of X on stopping the making of repairs and the disconnection of
water and electricity is inhumanely damaging on Y in which the elements of Torts are
present. Therefore, X is liable for actual, moral and exemplary damages.

3.
A hired the services of B to construct a day care center with a total contract price
of one million pesos which he intends to donate in favor of a charity foundation. After
finishing about 93% of the structure, B suddenly ceased operations and failed to complete
the project. Considering the substantial services rendered, B filed a case against A to
recover the entire contract price. Aggrieved, A refused to pay and countered that the
unfounded suit damaged his reputation as a philanthropist. Is A entitled to moral damages
and attorney's fees?

Ans.
No. A is not entitled to moral damages but A is entitled attorney’s fees

In establishing moral damages, the act must result to physical suffering, mental
anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shocks,
social humiliation, and similar injury. More so, attorney’s fees if not included in the
prayer cannot be granted solely except on the instances provided under Art. 2208 of the
New Civil Code

Here, the filing of case by B does not render any damage to A’s reputation. It must
be proven that the act results to the physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shocks, social humiliation, and
similar injury. More over, attorney’s fees can be granted here independently as provided
under Art. 2208 because of the clearly unfounded civil action against A.

4.
X and Y maintain an amorous relationship for almost two months. Later, X
discovered that Y is an exhibitionist and a womanizer. X sued Y for damages because of
his immorality and dishonesty. Is Y liable for moral damages?

Ans.

No. Y is not liable for moral damages.

In establishing moral damages, the act must result to physical suffering, mental
anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shocks,
social humiliation, and similar injury.

The amorous relationship of X and Y does not create any legal right that must be
protected. More so, the act of Y being an exhibitionist and a womanizer does not cause
any damage on the part of X. Therefore. Y is not liable for moral damages.

5.
A obtained a loan from B secured by a promissory note due on December 25,
2019 but without any stipulation on the payment of interest. Meantime, A and B had a
heated exchange of words. Out of spite, A deliberately defaulted in paying the debt
forcing B to file an action for sum of money. Can B claim actual, moral, nominal and
temperate damages?

Ans.

Yes. B can claim for actual, moral, nominal damages only.

Under the law, any person is entitled for actual, moral, nominal, and temperate
based on the tortuous act which has caused damage to another.

Here, actual, moral, nominal damages can be claimed by B to replace the caused
by the wrong act of non payment of debt by A. However, temperate damage cannot be
claimed by A since the damage is fixed to the loan.

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