Culpa

Question 1

Culpa Contractual

Answer 1

Negligence in the performance of pre-existing obligation from a perfected contract. Only the parties of the contract may be liable for negligence. Action is purely civil in character. If other party is a juridical person, apply the principle of agency, “employee is the agent of principal, negligence of the employee is negligence of the principal.”

Question 2

What is Respondeat Superior or Master-Servant Rule in culpa contractual

Answer 2

the negligence of the employee is the negligence of employer since the latter has control to the former. There is agent-principal relation hence the act of the agent is the act of the principal.
Upon proof of negligence of the employee, the negligence of employer arises.

EMPLOYER CANNOT AVAIL OF DEFENSE OF DILIGENCE IN CULPA CONTRACTUAL.

Question 3

culpa aquiliana

Answer 3

Quasi-delict founded on negligent act or omission. The party who committed the negligent act will be solely and principally liable. The employer is primarily liable to the impaired party upon proof of the negligence (negligence in supervision and selection).

In culpa aquiliana, in order to release the liability of the employer, the burden of proof lies upon the latter to prove that he did not fail in the supervision and hiring of the employee

Question 4

What is Deep Pocket Rule in Culpa Aquiliana

Answer 4

obligations, usually monetary can be enforced against the person who has the best capacity to pay.

Question 5

Culpa Criminal

Answer 5

it embraces all criminal offenses enumerated in the RPC.
Even if the employer is not himself the accused, upon insolvency of the employee, the former is liable.

In case of insolvency of accused, the employer of the accused or the owner of business can be held subsidiary liable.

Question 6

In culpa criminal what are the elements for the employer to be subsidiary liable

Answer 6

The subsidiary liability of the employer for the crime committed by his employee arises only when these elements are present:

1. The crime is committed during the existence of employer-employee relationship;
2. That the crime is committed while in the discharge of the given duties;
3. That the employee was convicted for the crime;
4. That the accused is found to be insolvent and therefore cannot pay the primary and direct civil liability.

Question 7

Articles for culpa

Answer 7

Art. 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages.
Art. 1172. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances.

Art. 1173. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of Articles 1171 and 2201, paragraph 2, shall apply.

If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required Negligence

Art. 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.