15 Questions
In motor vehicle mishaps, who is solidarily liable with the driver according to Article 2184 of the Civil Code?
The owner, if the owner was in the vehicle and could have prevented the misfortune by using due diligence
Under what circumstances is the owner solidarily liable with the driver for motor vehicle mishaps according to Article 2186 of the Civil Code?
When the owner was inside the vehicle at the time
What must every owner of a motor vehicle file with the proper government office according to Article 2186 of the Civil Code?
A bond executed by a government controlled corporation or office to answer for damages to third persons
Under what circumstances may the owner be held liable for motor vehicle mishaps under Art. 2180 of the Civil Code?
When the owner was not inside the vehicle at the time
What presumption is made against the owner of a motor vehicle in case of a mishap according to Carticiano v. Nuval?
The presumption of liability
What burden does the law impose on a vehicle owner if a driver is proven negligent according to Carticiano v. Nuval?
The burden of proving proper selection and supervision of the employee as a defense
What does Article 2184 of the Civil Code establish?
The liability of the registered owner of a motor vehicle for damage or injury caused by the driver
In what situation does Article 2185 of the Civil Code establish a presumption of negligence on the part of the driver?
If the driver has been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months
What must be proven to establish a causal connection between the violation of a traffic regulation and an injury received?
The violation of the traffic regulation being the proximate or legal cause of the injury or substantially contributing thereto
Under what circumstances is a driver presumed to have been negligent according to Article 2185?
If at the time of the mishap, he was violating any traffic regulation
What does Article 2184 establish a presumption of?
Negligence on the part of the driver based on previous violations of traffic regulations
What is primarily liable for damage or injury caused to another according to the text?
The registered owner of a motor vehicle
What right does the registered owner have according to the text?
The right to be indemnified by the real owner for any damage or injury caused by the driver
According to Article 2184, who is not liable for misfortune unless certain conditions are met?
The registered owner of a motor vehicle
According to Article 2184, who has a right to be indemnified by whom?
Study Notes
Solidary Liability
- The owner of a motor vehicle is solidarily liable with the driver in case of motor vehicle mishaps according to Article 2184 of the Civil Code.
Circumstances of Solidary Liability
- The owner of a motor vehicle is solidarily liable with the driver for motor vehicle mishaps if the owner has not exercised the proper diligence in the selection and supervision of the driver, according to Article 2186 of the Civil Code.
Filing Requirements
- Every owner of a motor vehicle must file a certificate of insurance or a bond with the proper government office, according to Article 2186 of the Civil Code.
Liability of Owner
- The owner may be held liable for motor vehicle mishaps if the owner has not exercised the proper diligence in the selection and supervision of the driver, or if the owner has knowledge of the driver's incompetence, according to Article 2180 of the Civil Code.
Presumption of Negligence
- In case of a mishap, a presumption is made against the owner of a motor vehicle that the owner is negligent, according to Carticiano v.Nuval.
- The burden of proof is on the owner to show that the driver was not negligent, according to Carticiano v.Nuval.
Presumption of Negligence by Driver
- Article 2185 of the Civil Code establishes a presumption of negligence on the part of the driver if the driver violates a traffic regulation and an injury is received.
Causal Connection
- To establish a causal connection between the violation of a traffic regulation and an injury received, it must be proven that the violation was the probable cause of the injury.
Driver's Liability
- A driver is presumed to have been negligent if the driver violates a traffic regulation, according to Article 2185.
Presumption of Negligence
- Article 2184 establishes a presumption of negligence against the owner of a motor vehicle.
Primary Liability
- The owner of a motor vehicle is primarily liable for damage or injury caused to another.
Right of Registered Owner
- The registered owner has the right to be indemnified by the driver.
Exceptions to Liability
- According to Article 2184, the owner of a motor vehicle is not liable for misfortune unless the owner has not exercised the proper diligence in the selection and supervision of the driver, or if the owner has knowledge of the driver's incompetence.
Right to Indemnification
- The owner of a motor vehicle has the right to be indemnified by the driver, according to Article 2184.
Test your knowledge on the liability of motor vehicle owners in accidents according to Article 2184 and 2186 of the Civil Code. Explore scenarios involving owner's responsibility when present or absent in the vehicle.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
