Quiz 3.6.2022 (Negligence and Res Ipsa Loquitor)

Choose the best answer in all questions.

"The thing or transaction speaks for itself."

• Vicarious liability

• Res Ipsa Loquitor

• Quasi-delict

The criminal case awarded as civil damages to the plaintiff in the amount of P100,000.00. On the other hand, the civil case on quasi-delict awarded damages to the plaintiff in the amount of P150,000.00. The cases involve the same incident and the same parties. How much should the plaintiff get?

• The plaintiff gets P250,000.00.

• The plaintiff gets P100,000.00.

• The plaintiff gets P150,000.00.

• The plaintiff gets the first amount awarded.

Fire is not considered a fortuitous event.

• True

• Not True

Fill in the blank. Where the thing which caused the injury complained of is shown to be under the management of defendant or his servants and the accident is such as in the _________ course of things does not happen if those who have its management or control use proper care, it affords reasonable evidence, in absence of explanation by defendant, that the accident arose from want of care.

• peculiar

• extraordinary

• ordinary

In Africa v. Caltex, 1966, the Supreme Court held that the doctrine of res ipsa loquitor was successfully invoked.

• True

• Not true

• another doctrine was held applicable

In Gotesco v. Chatto, the cause of the occurrence of the injury sustained by plaintiff Chatto

• The fire at the gasoline station owned by the defendant

• The ceiling of the balcony of the Superama I theater crashed to the ground

• A piece of foreign object was left in the abdomen after operation

• Platform with the victim on it at the 14th floor crashed to the basement

The defense of Gotesco in Gotesco v Chatto, 1992 was

• Diligence of a good father of a family

• Employee-employer relationship

• Force majeure

• Lack of intent to commit so grave a wrong

In Batiquin v. CA, 1996, it was proved by preponderance of evidence that Dr. Batiquin was at fault and negligent

• when she closed the operated area of the plaintiff and left there a piece of thread

• when she closed the operated area of the plaintiff and left there a piece of plastic

• when she closed the operated area of the plaintiff and left there a piece of gauze

• when she closed the operated area of the plaintiff and left there a piece of rubber

All are true of res ipsa loquitor, except

• It is a rebuttable presumption.

• The doctrine is a rule of substantive law.

• It does not dispense with the requirement of proof of culpable negligence on the party charged.

• It determines and regulates prima facie evidence and can be invoked only when direct evidence is absent and not readily available.

 Jose Juego’s widow, Maria, filed in the Regional Trial Court (RTC) of Pasig a complaint for damages against the deceased’s employer, D.M. Consunji, Inc. In this case, it was proved that (1) the accident was of a kind which does not ordinarily occur unless someone is negligent; (2) the instrumentality or agency which caused the injury was under the exclusive control of the person charged with negligence; and (3) the injury suffered must not have been due to any voluntary action or contribution on the part of the person injured. What was the defense of the D.M. Consunji, Inc.?

• Widow had previously availed of the death benefits provided under the Labor Code

• It exercised due care to avoid the accident

• Waiver of damages on the part of the widow

• It exercised extraordinary diligence