1.Are
the owners of enterprises obliged to pay death compensation for their
employees? Will your answer be the same if the death is purely accidental or
entirely due to a fortuitous event? Explain.
Art. 1711. Owners
of enterprises and other employers are obliged to pay compensation for the
death of or injuries to their laborers, workmen, mechanics or other employees,
even though the event may have been purely accidental or entirely due to a
fortuitous cause, if the death or personal injury arose out of and in the
course of the employment. The employer is also liable for compensation if the
employee contracts any illness or disease caused by such employment or as the
result of the nature of the employment. If the mishap was due to the employee's
own notorious negligence, or voluntary act, or drunkenness, the employer shall
not be liable for compensation. When the employee's lack of due care
contributed to his death or injury, the compensation shall be equitably reduced.
2.Is
the employer obliged to pay the medical expenses for the injury of an employee
if it is caused by the negligence of a fellow worker? Will your answer be the
same if the injury is caused by the fellow worker’s malicious act? What is the
exception to this rule?
Art. 1712. If the death or injury is due to the negligence of a
fellow worker, the latter and the employer shall be solidarily liable for
compensation. If a fellow worker's intentional malicious act is the only cause of
the death or injury, the employer shall not be answerable, unless it should be
shown that the latter did not exercise due diligence in the selection or
supervision of the plaintiff's fellow worker.
3.Is the acceptance of the finished work by the
employer considered as a relief from the contractor’s liability for any defect
of the work? Explain.
Art. 1719. Acceptance of the work by the
employer relieves the contractor of liability for any defect in the work,
unless:
(1) The defect is hidden and the employer is
not, by his special knowledge, expected to recognize the same; or
(2) The employer expressly reserves his
rights against the contractor by reason of the defect. (n)
4.
What is the period of time for which the engineer or architect for a building
can still be liable for damages counted from the time of the completion of the
structure? What is the period of prescription for filing an action for damages
on this matter?
Art. 1723. The engineer or architect who drew up the plans and
specifications for a building is liable for damages if within fifteen years
from the completion of the structure, the same should collapse by reason of a
defect in those plans and specifications, or due to the defects in the ground.
The contractor is likewise responsible for the damages if the edifice falls,
within the same period, on account of defects in the construction or the use of
materials of inferior quality furnished by him, or due to any violation of the
terms of the contract. If the engineer or architect supervises the
construction, he shall be solidarily liable with the contractor.
Acceptance of the building, after completion, does not imply waiver
of any of the cause of action by reason of any defect mentioned in the
preceding paragraph.
The action must be brought within ten years following the collapse
of the building. (n)
5. What are common carriers? What
kind of business are they engaged in? To what sector of society are they
offering their services?
Art. 1732. Common carriers are persons,
corporations, firms or associations engaged in the business of carrying or
transporting passengers or goods or both, by land, water, or air, for
compensation, offering their services to the public.
6. From the nature of the their business and for
reasons of public policy, what degree of care must the common carrier observe?
Will this care apply only to the vigilance over the goods? Explain.
Art. 1733. Common carriers, from the nature of their business and for
reasons of public policy, are bound to observe extraordinary diligence in the
vigilance over the goods and for the safety of the passengers transported by
them, according to all the circumstances of each case.
Such extraordinary diligence in the vigilance over the goods is further
expressed in Articles 1734, 1735, and 1745, Nos. 5, 6, and 7, while the
extraordinary diligence for the safety of the passengers is further set forth
in Articles 1755 and 1756.
7.
Are common carriers exempted from responsibility when the cause of the damage is a natural disaster? Explain.
Art. 1739. In order that the common carrier may be exempted from
responsibility, the natural disaster must have been the proximate and only
cause of the loss. However, the common carrier must exercise due diligence to
prevent or minimize loss before, during and after the occurrence of flood,
storm or other natural disaster in order that the common carrier may be
exempted from liability for the loss, destruction, or deterioration of the
goods. The same duty is incumbent upon the common carrier in case of an act of
the public enemy referred to in Article 1734, No. 2.
8.
It is provided under Art. 1678, that the lessor shall pay the lessee one-half
of the value of the improvements introduced on the land leased. What kind of
improvements is this provision applicable? If the lessor refuses to pay, what
is the right of the lessee?
Art. 1678. If the lessee makes, in good faith, useful improvements
which are suitable to the use for which the lease is intended, without altering
the form or substance of the property leased, the lessor upon the termination
of the lease shall pay the lessee one-half of the value of the improvements at
that time. Should the lessor refuse to reimburse said amount, the lessee may
remove the improvements, even though the principal thing may suffer damage thereby.
He shall not, however, cause any more impairment upon the property leased than
is necessary.
With regard to ornamental expenses, the lessee shall not be entitled
to any reimbursement, but he may remove the ornamental objects, provided no
damage is caused to the principal thing, and the lessor does not choose to
retain them by paying their value at the time the lease is extinguished. (n)
9. On what causes shall the lessor judicially eject
the lessee?
Art. 1673. The lessor may judicially eject the lessee for any of the
following causes:
(1) When the period agreed upon, or that which is fixed for the duration
of leases under Articles 1682 and 1687, has expired;
(2) Lack of payment of the price stipulated;
(3) Violation of any of the conditions agreed upon in the contract;
(4) When the lessee devotes the thing leased to any use or service not
stipulated which causes the deterioration thereof; or if he does not observe
the requirement in No. 2 of Article 1657, as regards the use thereof.
The ejectment of tenants of
agricultural lands is governed by special laws. (1569a)
10. What are the different kinds of
contract of lease? Explain each.
Art. 1642. The contract of lease may be of
things, or of work and service. (1542)
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