Final Quiz 01 Tort Law HM

What are the major purposes of Tort Law?

• To provide a peaceful means for adjusting the rights of parties who otherwise take the law into their own hands.

• Deter wrongful conduct

• Encourage socially responsible behavior

• Restore the injured parties to their original condition, insofar as the law can do this, by compensating them for their injury.

Which of the following elements are necessary to establish a Tort or Quasi-Delict case?

• Damages suffered by the plaintiff

• Fault or negligence of the defendant

• Causal connection between the defendant's act and the damages incurred

• Pre-existing contractual relation between the parties

What is the difference between fault and negligence?

• Fault refers to a voluntary act or omission causing damage, while negligence refers to the omission of certain acts resulting in damage.

• Fault and negligence are synonymous terms and can be used interchangeably.

• Fault refers to acts causing damage in a contractual relationship, while negligence refers to acts causing damage outside of a contractual relationship.

• Fault refers to unintentional acts causing damage, while negligence refers to intentional acts causing damage.

Which two kinds of fault are recognized in Tort Law?

• Culpa Aquillana or Culpa Extra Contractual, and Culpa Contractual or Contractual Fault

• Fundamental Fault and Vicarious Fault

• Ordinary Fault and Gross Fault

• Moral Fault and Legal Fault

Who can be held liable for damages arising from quasi-delicts or torts?

• Only the person who directly caused the damages

• The parents or guardians of minors who cause damages

• The owners and managers of establishments or enterprises

• All of the above

What was the main argument presented by the National Irrigation Administration (NIA) in its Motion for Reconsideration?

• The NIA is solely responsible for the tortious act of its driver.

• The NIA is not liable for the tortious act of its driver because it is a government agency performing governmental functions.

• The NIA is not responsible for the tortious act of its driver because it is a government-controlled corporation.

• The NIA is not responsible for the tortious act of its driver because it is a separate juridical entity from the government.

According to the dissenting opinion of Chief Justice Roberto Concepcion, what is the nature of the functions of the National Irrigation Administration (NIA) and similar government entities?

• They perform both governmental and proprietary functions.

• They perform only governmental functions.

• They perform only proprietary functions.

• They perform no functions as they are mere agencies of the government.

What is the principle behind the Doctrine of Res Ipsa Loquitor?

• The defendant is liable for damages if the accident would not have occurred if proper care had been taken.

• The defendant is liable for damages if he possesses dangerous weapons or substances.

• The defendant is liable for damages if he had the last clear chance to avoid the accident.

• The defendant is liable for damages if the accident occurred while the thing was under his management.

What are the categories of damages recognized in the Civil Code?

• Actual or compensatory, nominal, liquidated, and exemplary

• Actual or compensatory, moral, nominal, and exemplary

• Actual or compensatory, moral, liquidated, and exemplary

• Actual or compensatory, moral, temperate, and exemplary

What is the difference between actual or compensatory damages and liquidated damages?

• Actual or compensatory damages are based on the value of the loss suffered, while liquidated damages are agreed upon by the parties to a contract.

• Liquidated damages are awarded for mental anguish, while actual or compensatory damages are awarded for physical suffering.

• Actual or compensatory damages require proof of pecuniary loss, while liquidated damages do not require proof of pecuniary loss.

• Actual or compensatory damages are fixed amounts, while liquidated damages are determined by the court.