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3rd Year (2nd Sem) > LA- FINALS > Flashcards

LA- FINALS Flashcards

1
Q

a legal wrong committed upon a person or property that is independent of the contract

A

TORT

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2
Q

TORT is taken from the word

A

torque- to twist

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3
Q

this is also defined as the fault/ negligence of a person (by his act or omission, connected or unconnected, but independent from any contract`) causes damage to another person

A

Article 2176 (TORT)

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4
Q

TRUE/ FALSE: if there is no contract there is no tort

A

FALSE (if there is no contract there is still a tort)

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5
Q

TRUE/ FALSE: TORT is not applicable if no one made a complaint

A

TRUE

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6
Q

four (4) major purposes of TORT:

A
  1. provide peaceful means (adjust the rights of parties who might take the law into their own hands)
  2. deter wrongful conduct
  3. encourage socially-responsible behavior
  4. restore injured parties to their original condition (by compensating them for their injury)
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7
Q

three (3) elements of TORT:

A
  1. damages suffered by the plaintiff
  2. fault/ negligence of the defendant
  3. casual connection between the fault/ negligence of the defendant’s acts & the damages incurred by plaintiff
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8
Q

signifies voluntary act/ omission causing damages to the right of another giving rise to an obligation of the actor to repair such damage

A

fault

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9
Q

if this is present, it means you omitted something. there is no room for this

A

fault

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10
Q

___ is a result of negligence

A

fault

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11
Q

consists in the omission to do certain acts which results to the damage to another

A

negligence

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12
Q

this happens when someone failed to focus or give attention to something

A

negligence

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13
Q

three (3) kinds of fault:

A
  1. culpa aquilina
  2. culpa contractual
  3. culpa criminal
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14
Q
  • a substantive and independent fault
  • no pre-existing relation
  • there is a seperate source of obligation independent of contract
  • guilty of an act/ failure to act
A

culpa aquilina

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15
Q
  • this refers to damages caused by omission and negligence
  • minor offense
  • a civil case
A

culpa aquilina

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16
Q

culpa aquilina/ TORT

A

article 2176

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17
Q

aka contractual fault

A

culpa contractual

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18
Q
  • this fault exists as incident in the performance of an existing obligation/ breach of contract
  • not criminal but there is breach of contract
A

culpa contractual

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19
Q

culpa contractual

A

article 1170- 1173

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20
Q

those who in the performance of their obligation are guilty of fraud, negligence or delay

A

culpa contractual

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21
Q
  • negligence arising from criminal act
  • affects public interest and punishes criminal acts
  • an example of criminal case
A

culpa criminal

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22
Q

this involves the death or loss of life of an employee

A

culpa criminal

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23
Q

persons liable for damages arising from torts:

A

article 2180 (vicarious liability)

24
Q

a rule of responsibility which renders the defendant liable for the torts committed

A

article 2180 (vicarious liability)

25
Q

six (6) persons liable for damages arising from torts:

A
  1. father/ mother
  2. guardians
  3. owners/ managers
  4. employer
  5. state
  6. teacher/ head
26
Q

-responsible for the damages caused by minor children who lives in their company (applicable if under the same house)

A

father/ mother

27
Q

liable for damages caused by the minors/ incapacitated persons who are under their authority and live in their company

A

guardians

28
Q

responsible for damages caused by employees in the service of the branches in which the latter are employed/ on occasion of functions

A

owners/ managers

29
Q

liable for damages caused by their employees & household helpers acting within the scope of their assigned tasks (even thought the former is not engaged in any business/ industry)

A

employers

30
Q

responsible in likewise manner when acted through a special agent, but not when the damage has been caused by the official to whom the task done properly pertains (in which case is provided by art. 2176)

A

state

31
Q

establishments of arts and trades shall be liable for damages caused by their students, so long as they remain in their custody

A

teacher/ head

32
Q

common ground

A

there is always a fault caused by:
1. negligence
2. omission

33
Q

pecuniary (financial) compensation/ recompense/ satisfaction for an injury sustained or expressed

A

damages

34
Q

the pecuniary (financial) consequences the law imposes for the breach of some duty/ violation of rights

A

damages

35
Q

four (4) kinds of damages (art. 2197)

A
  1. actual/ compensatory damages
  2. moral
  3. liquidated
  4. exemplary/ corrective
36
Q

actual/ compensatory damages

A

article 2199

37
Q
  • one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved
  • can be done amicably (no need for court)
A

actual/ compensatory damages (article 2199)

38
Q

moral damages

A

article 2217

39
Q
  • though incapable of pecuniary computation, this may be recovered if they are proximate result of the defendant’s wrongful acts/ omission
  • exs. physical suffering, serious anxiety, social humiliation, etc.
A

moral damages (art. 2217)

40
Q

liquidated damages

A

article 2276

41
Q
  • those agreed upon by the parties to a contract, to be paid in case of breach
A

liquidated damages (art. 2276)

42
Q

exemplary/ corrective damages

A

article 2229

43
Q
  • imposed by way of example/ correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages
  • damages wherein the court is the one who points out the faults
A

exemplary/ corrective damages (art. 2229)

44
Q

all forms of this harassment in employment, education, or training environment is illegal

A

anti-sexual harassment act, 1995

45
Q

sexual harassment as a request for sexual favor, accepted or not, from persons with authority

A

anti-sexual harassment act, 1995

46
Q

this is committed when a favor is demanded in return for employment or promotion. refusal results in impairment of rights and opportunities.

A

sexual harassment

47
Q

TRUE/ FALSE: any person who induces another to commit/ cooperates in the commission of sexual harassment is not liable

A

FALSE (not liable- liable)

48
Q

the employer/ head of office has the duty to prevent, provide procedures for the investigation through the creation of a ____

A

committee on decorum and investigation

49
Q

TRUE/ FALSE: liability of the employer arises when upon being informed, no action is taken

A

TRUE

50
Q

two (2) types of sexual harassment:

A
  1. quid pro quo sexual harassment
  2. hostile environment
51
Q

this happens when a manager demands sexual intimacy from a subordinate/ possible hire in exchange for employment

A

quid pro quo sexual harassment

52
Q

this can take place when unsolicited criticisms and action interfere with the employee’s performance well-being/ created a disrespectful work environment

A

hostile environment

53
Q

examples of hostile environment

A

vulgar words
nude pictures
offensive statements

54
Q

according to TORT law, if there is negligence & omission in a hotel, it is considered a ___

A

liability

55
Q

article 2276

A

liquidated damages

56
Q

article 2199

A

compensatory damages

3rd Year (2nd Sem) (18 decks)

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