Final Exam-Torts and Damages 2018 PDF
Final Exam-Torts and Damages 2018 PDF
I. MCQ. Choose the BEST answer. c. Yes, since the liability is not based on negligence.
d. No, because the iguana escaped due to fortuitous event.
1. Alex bought a canned good from a store, ate it, and
suffered from poisoning caused by a noxious substance 6. Local governments have the power to abate a:
found in it. Which of the following defenses will hold in
favor of the manufacturer of the canned good? a. Nuisance per se
b. Nuisance per accidens
a. The expiry date was clearly printed on the can, still the c. Public Nuisance
store sold and Alex bought it. d. Private Nuisance
b. Alex must have detected the noxious substance by smell,
yet he still ate it. 7. Gina owned a bare and simple swimming pool in her
c. The manufacturer had no transaction with Alex. garden. Donna, a 7-year old child, surreptitiously entered
d. The manufacturer enjoys the presumption of safeness of the garden and accidentally fell into the pool. Is Gina
its canning procedure. liable for the injuries that Donna sustained premised on
the principle of attractive nuisance?
2. In the award of this kind of damages, no proof of loss
is necessary: a. No, Donna was 7 years old and knew the dangers that
the pool offered.
a. nominal damages b. Yes, Gina had the duty to prevent children from coming
b. temperate damages near it.
c. liquidated damages c. No, since the pool had no enticing decorations that
d. exemplary damages would attract Donna.
d. Yes, Gina did not cover the swimming pool while not in
3. Minda rode a bus on her way to the hospital for a pre- use.
natal check up. Unfortunately, the bus met an accident
due to the gross negligence of the driver. As a 8. The defendant is liable even without fault under:
consequence, Minda suffered an abortion. May she
recover actual damages for the death of her unborn a. vicarious liability
child? b. special torts
c. strict liability torts
a. Yes, since the foetus is already regarded as a child from d. nuisance
conception, though unborn.
b. No, since the bus driver would not have known that the 9. While the district gradually becomes a trading or
accident would result in Minda’s abortion. manufacturing area, a resident cannot prohibit the
c. Yes, Minda believed in her heart that she lost a child. businesses in his neighborhood, except if:
d. No, since birth determines personality, the accident did
not result in the death of a person. a. they interfered with his personal satisfaction
b. they produced ordinary annoyances
4. Moral damages are recoverable in the following cases, c. they created incidental discomforts
except: d. they surpassed customary inconveniences
a. seduction 10. The parties may agree to reduce or increase the 30-
b. quasi-delict day period within which to correct any imperfection in
c. malicious prosecution the quality of the product but such shall not be less than 7
d. slander days nor more than ___ days.
12. The employee injured a third person while driving the II. ESSAY. Answer the questions directly and concisely
company-issued vehicle in traveling to work. Is the using at most five sentences. Do not repeat the question.
employer vicariously liable?
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