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Questions and Answers
The doctrine of last clear chance held the horseback rider liable for damages despite being originally at fault.
The doctrine of last clear chance held the horseback rider liable for damages despite being originally at fault.
True
Extraordinary diligence is the required standard of care unless the law specifies otherwise.
Extraordinary diligence is the required standard of care unless the law specifies otherwise.
True
Jim can be held liable for damages due to inducing Gem to break her contract with Gino under the principle of relativity of contracts.
Jim can be held liable for damages due to inducing Gem to break her contract with Gino under the principle of relativity of contracts.
False
Gem can use the defense of a good father of a family to avoid liability for the accident caused by her taxi.
Gem can use the defense of a good father of a family to avoid liability for the accident caused by her taxi.
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In the case of Africa vs. Caltex, the claim was denied because proof of the fire's cause was not provided.
In the case of Africa vs. Caltex, the claim was denied because proof of the fire's cause was not provided.
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In legal terms, injury and damage refer to the same concept within tort law.
In legal terms, injury and damage refer to the same concept within tort law.
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Seasonal and project employees enjoy the same security of tenure as regular employees.
Seasonal and project employees enjoy the same security of tenure as regular employees.
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The court ruled FEU liable for damages in the case of Saludaga vs. FEU due to negligence by the security guard.
The court ruled FEU liable for damages in the case of Saludaga vs. FEU due to negligence by the security guard.
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Jin will be capacitated to remarry after obtaining a decree of divorce from Joe.
Jin will be capacitated to remarry after obtaining a decree of divorce from Joe.
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The court's judgment granting legal separation based on a notarized agreement is legally tenable.
The court's judgment granting legal separation based on a notarized agreement is legally tenable.
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Jin's action for legal separation against Joe will prosper due to his abusive behavior.
Jin's action for legal separation against Joe will prosper due to his abusive behavior.
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Jin left the conjugal home to live with Jack after the decree of legal separation.
Jin left the conjugal home to live with Jack after the decree of legal separation.
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Jin's action for legal separation will prosper because Joe contracted another marriage in Japan.
Jin's action for legal separation will prosper because Joe contracted another marriage in Japan.
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Joe's mandatory injunction to compel Jin to return home will be successful.
Joe's mandatory injunction to compel Jin to return home will be successful.
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Joe abandoned Jin after refusing to communicate with her but continued to support his daughter.
Joe abandoned Jin after refusing to communicate with her but continued to support his daughter.
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Jin's relationship with Jack is legally recognized prior to the finalization of her divorce.
Jin's relationship with Jack is legally recognized prior to the finalization of her divorce.
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Maria's action for cancellation of Juan’s title and reconveyance of ownership will prosper even if the TCT over the lot is already in Juan’s name.
Maria's action for cancellation of Juan’s title and reconveyance of ownership will prosper even if the TCT over the lot is already in Juan’s name.
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Juan is considered the owner of an unregistered lot.
Juan is considered the owner of an unregistered lot.
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Celia successfully conveyed ownership of the lot to Pedro by forging Maria’s signature.
Celia successfully conveyed ownership of the lot to Pedro by forging Maria’s signature.
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Ownership of state properties classified as alienable can be acquired through adverse possession after 15 years.
Ownership of state properties classified as alienable can be acquired through adverse possession after 15 years.
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An action arising from negotiorum gestio prescribes in 10 years.
An action arising from negotiorum gestio prescribes in 10 years.
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Maria can file an action for reconveyance of the property after discovering the forgery by her sister Celia.
Maria can file an action for reconveyance of the property after discovering the forgery by her sister Celia.
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Pedro's relations with Celia were illicit and resulted in the birth of a child named Juan.
Pedro's relations with Celia were illicit and resulted in the birth of a child named Juan.
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Maria had to register her deed of sale for it to be valid.
Maria had to register her deed of sale for it to be valid.
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Juan is considered the legitimate child of Celia and Pedro because they got married.
Juan is considered the legitimate child of Celia and Pedro because they got married.
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Akimitso, a Japanese national residing in the Philippines for six years, is qualified to adopt Juan.
Akimitso, a Japanese national residing in the Philippines for six years, is qualified to adopt Juan.
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Maria can legally compel her aunt Celia to provide support for her education.
Maria can legally compel her aunt Celia to provide support for her education.
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After a child is declared legally available for adoption, they automatically enjoy the same rights as legitimate children.
After a child is declared legally available for adoption, they automatically enjoy the same rights as legitimate children.
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Republic Act No. 11642 defines a neglected child as one whose needs have been unaddressed for a period of three months.
Republic Act No. 11642 defines a neglected child as one whose needs have been unaddressed for a period of three months.
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Juan is obligated to deliver his Canadian Eskimo dog to Maria by September 15, 2024.
Juan is obligated to deliver his Canadian Eskimo dog to Maria by September 15, 2024.
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Celia's refusal to support Maria's education is against the law due to familial obligations.
Celia's refusal to support Maria's education is against the law due to familial obligations.
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The penalty for Juan failing to deliver the dog is ₱20,000.00.
The penalty for Juan failing to deliver the dog is ₱20,000.00.
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Rye can legally compel Fe to deliver the necklace to him on 25 October 2024 based on his contract with Lei.
Rye can legally compel Fe to deliver the necklace to him on 25 October 2024 based on his contract with Lei.
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The stipulation that ownership of Al's bike will automatically be conveyed to Fe upon failure to pay is legally binding.
The stipulation that ownership of Al's bike will automatically be conveyed to Fe upon failure to pay is legally binding.
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Ed will owe Kae ₱10,000.00 as monetary interest on 1 April 2024.
Ed will owe Kae ₱10,000.00 as monetary interest on 1 April 2024.
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Lei can claim compensatory interest from Rye because of the delay in payment after the due date.
Lei can claim compensatory interest from Rye because of the delay in payment after the due date.
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Al borrowed the Nissan Patrol for a duration of ten days.
Al borrowed the Nissan Patrol for a duration of ten days.
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The damage sustained by Al's borrowed Nissan Patrol was assessed at ₱100,000.00.
The damage sustained by Al's borrowed Nissan Patrol was assessed at ₱100,000.00.
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Both the principal amount and interest in Ed's agreement are to be settled together by 1 April 2024.
Both the principal amount and interest in Ed's agreement are to be settled together by 1 April 2024.
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Fe's bike was worth more than Al's ₱500,000.00 obligation at the time of the pledge.
Fe's bike was worth more than Al's ₱500,000.00 obligation at the time of the pledge.
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Fe can legally compel Al to pay the entire ₱150,000.00 cost of repairs.
Fe can legally compel Al to pay the entire ₱150,000.00 cost of repairs.
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If Ed defaults on his obligation, Kae can legally compel Ed to sell the mortgaged lot to her.
If Ed defaults on his obligation, Kae can legally compel Ed to sell the mortgaged lot to her.
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A contract of pledge requires written documentation to be valid and enforceable.
A contract of pledge requires written documentation to be valid and enforceable.
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Fe can legally compel Al to pay her the deficiency amount of ₱50,000.00 after the auction of the pledged bracelet.
Fe can legally compel Al to pay her the deficiency amount of ₱50,000.00 after the auction of the pledged bracelet.
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The TRAIN Law is an example of procedural law.
The TRAIN Law is an example of procedural law.
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The decisions of all the judicial courts in the Philippines have the force of law.
The decisions of all the judicial courts in the Philippines have the force of law.
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Ed executed a Deed of Mortgage in Kae’s favor over his 1,000-square-meter lot valued at ₱10M.
Ed executed a Deed of Mortgage in Kae’s favor over his 1,000-square-meter lot valued at ₱10M.
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Al delivered a gold bracelet worth ₱600,000.00 to Fe as collateral for a debt of ₱500,000.00.
Al delivered a gold bracelet worth ₱600,000.00 to Fe as collateral for a debt of ₱500,000.00.
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Study Notes
Introduction to Law Quiz 2
- Jim, a taxi driver, was convicted of reckless imprudence resulting in the death of a 12-year-old. The court ruled Gem, the taxi company, liable for damages (P800,000.00). Gem, despite insolvency, is obligated to pay the damages. The defense of a good father of a family is irrelevant here in the employee-employer relationship regarding liability.
- In Picart vs. Smith, the driver was found liable for damages due to the doctrine of last clear chance. The horseback rider was initially at fault.
- The principle of relativity of contracts states that a party not part of a contract cannot be held liable for contract breach. Jim, not a party to the contract between Gem and Gino, is not liable for damages.
- In Africa vs. Caltex, the principle of res ipsa loquitur was applied which finds that the particular circumstances of the negligent act, in this case a fire, point to a causal link. Therefore, the plaintiffs-claimants of damages failed to prove causation therefore they did not receive damages.
- Damage refers to the harmful event from a violation of a legal right. Injury, itself, is a violation of legal rights.
- Seasonal and project employees do not enjoy the same security of tenure afforded to regular employees.
- In Saludaga vs. FEU, the court ruled FEU liable for culpa aquiliana (a negligence that gave rise to harm or damages) for the accidental shooting of a student by a security guard on campus.
- The employer is obliged to pay employers a night shift differential of not less than 10% of regular wage between 11 pm-6am.
- Overtime pay is required at a minimum of the employee's regular wage plus 15% for any work performed beyond eight-hour employment duration.
- A 13th-month pay is owed to the employee if they have been employed for two years at a given employer in Manila.
- Employers may require employees to work additional hours to compensate for time missed, but it's not legally required under the current laws.
Introduction to Law Quiz 2: (Modules 6-9)
- Land registration applications are filed in the court where the land is located.
- A prior recorded mortgage lien takes precedence over subsequent recorded liens.
- A Deed of Sale not registered does not guarantee a better right or title to ownership.
- In case of conflicting deeds of sale, the properly registered deed holds legal precedence
- The principle of "prior tempore, potior jure" (prior in time, stronger in right) is upheld in the case of conflicting interests.
- A person's occupation of land for 35 years is considered valid possession.
- A person who supports a child financially, even if not a parent, will not be held legally liable to provide additional support to the child.
- A child, if legally adoptable, is granted rights equal to a legitimate child of the adopting parents.
- A child whose needs are not met for 6 months is considered neglected.
- The law does not permit the enforcement of a clause obligating a party to deliver their asset.
- A person who makes a written promise is bound by the contractual obligation.
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Description
Test your knowledge on key legal principles and case laws in this quiz focusing on liability, contracts, and negligence. Examine landmark cases like Picart vs. Smith and Africa vs. Caltex to understand how courts determine responsibility. Perfect for law students and enthusiasts!
