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Cases Facts Issue Ruling

CAA (Civil

Aeronautics

Administration) v.CA, 167 SCRA 28

Private Respondent, while

walking on the terrace of

the airport, slipped over anelevation about 4 inches

high, as a result of whichhe fell on his back and broke his thigh bone

Is the petitioner

guilty of negligent

construction of theelevation in

question?

Obligation of CAA inmaintenance of the vi

deck (tendency to lookthe plane and passeng

Failure to have it repaor altered in order to

eliminate the existinghazard constitutes suc

negligence

No contributorynegligence

Private respondent couhave not have reasona

the harm (Difficult to

the inclination

Corliss v. ManilaRailroad, 27 SCRA674

C

The driver of a jeep did notstop upon reaching arailroad crossing and a

collision occurred between

the jeep and the trainnothwithstanding that it

blew the siren while 300

meters still away

Was the defendant – appellee-guilty of negligence?

No negligence can beimputed on the

defendant,

Concept And tesncw tnegligene

Defence of failure to

down crossing bars aabsence of guard in at

gatehouse

Definition of Negligen

Cusi vs PNR Relying on his faculties of

sight and hearing and believing that he had noreason to anticipate any

impending danger of a

collision with anapproaching train,

petitioner did not make a

full stop at a railroad

crossing

Was the defendant

guilty of negligence?

Question of negligenc

one of fact Gross negligent of the

defendant proximatecause of the collision.

(No Guardman at 11P

7AM, inoperation of t

warning devise,did no blow hiswhistle only

50m away)

Consolidated Bank

vs CA

Depositor entrusted its

deposits with its messenger

who left with the bank teller its passbook which

was given to the wrong

person and was later used

in making the questionedwithdrawal from the

savings account of the

depositor

Is Solidbank guilty

for breach of

contract due tonegligence or culpa

contractual?

Debtor-creditor relationship of bank a

its depositor

The bank is under obligation to treat the

accounts of its deposit

with meticulous care,

always having in mindthe fiduciary nature of

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their relationship

Higher degree of diligence required of

banks

Diligence in safeguard

the passbook (any perin possession of the

passbook is presumed

be the owner)

Presumption of fault othe part of solid bank

Solid Bank is bound bits employees under th

principle rrspondeat

superior/ commandresponsibility

Mitigated danagesFar Eastern vs CA A commercial vessel under

compulsory pilotage caused

considerable damage to the pier

Who should be negligent

– the master

of he ship,harbor pilot

or both?

Who should beresponsible

for the

resultingdamage?

Presumption of faultagainst a moving vess

that strikes a stationar

object

Pilot supersedes masteunder pilotage

Degree of care require

of every man who off

his services (ordinarydiligence plus standar

minimum of specialknowledge and ability

Degree of care gradua

according to danger (

extraordinary risk

demands extraordinarcare)

Harbor pilot negligent(left anchor dropped

8:30..4 minutes after before he reacted,

haphazard reaction on“half -astern”,dropped

another anchor and twshackles

Master of the shift is anegligent (refuse to

permit the pilot to act incompetent, intoxica

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Metal Forming

Corporation vsOffice of the

President

Petitioner Charged with

having misrepresented its product, avers that it should

not be made responsible for

the adverse consequences

of a fortuitous event suchas typhoon

Should MFC be

made responsiblefor the adverse

consequences of a

fortuitous event

such as the typhoonwhich caused the

section or portionof private

respondent’s roof to

be blown away?

Yes.

Roofing materials bouas a single unit

Representation refers all weather disturbanc

(tropical storm vstyphoon,, it itself caus

the misrepresentation

be couched on genera

terms

In order that a fortuito

event may exempt a

person from liability i

necessary that he be frfrom negligence (failu

to deliver necessary

accessories, installinginferior roofing

materials)

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