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LAW 104: TORTS AND DAMAGES

First Semester, AY 2015-2016
Prof. Mary Rose S. Tan

Instructions for the Final Exam

1. You will be given 3 hours to complete the exam which is inclusive of the time to
read the questions

2. Please write legibly.

3. Read the exam questions carefully.

4. Answer the questions independently. You will be not allowed to speak for the entire
duration of the examination.

5. Leave the exam questions and the blue book if you will step out of the room for a
bathroom break.

6. Write your answers on the bluebook only. You may keep the questionnaire after the
exam.

7. Fold the cover of your blue book before submitting it. Your papers will be checked
anonymously.

8. What is measured in this exam is your analytical skills illustrated in a concise

manner as well as your ability to apply the principles you learned in this class.

9. GOODLUCK!

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UP College of Law, Torts and Damages, Semester 1, Academic Year 2015-2016 [MRST]
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1. Excellent Primary School, in an effort to promote the eating of vegetables,
implemented a no-meat Monday wherein students will be required to eat only non-
meat food during the schools meal breaks. Jacqueline, a grade three student at
Excellent Primary School ate eggs during morning snack and was immediately taken ill
and was hospitalized for three days. It was discovered that Jacqueline was allergic to
eggs. Jacquelines parents want Excellent Primary School and its teachers to be liable for
what happened to her.

Can Excellent Primary School raise the defense of damnum absque injuria? Explain. (5
points)

2. Extreme Adventures is a tour operator specializing in tandem skydiving. Its

proprietors are former US Airforce officers who have since retired in the Philippines. The
conduct tandem dives in Subic, Zambales for a substantial amount of fee. Tandem dives
are done conducted by them by accompanying a client and, strapped together, jumping
from an airplane. The client does nothing else other than being strapped to the jumper as
the jumper, who is an employee of Extreme Adventures, is the one who determines when
the parachute is deployed, and once deployed, determine how to navigate and control
the direction of the parachute, up to the time of landing on the airfield.

Kitty Pua, wanted to do something extreme for her birthday and decided to
skydive. She engaged the services of Extreme Adventure to skydive. Kitty was jittery so
she was assigned the most senior and most experienced jumper of Extreme Adventures.
The weather was clear and based on industry standards, it was a perfect day for a
tandem jump. The flight took off and at the right altitude, Kitty and the jumper jumped.
All went well, the view was perfect and was perfectly captured by the GoPro camera
attached to Kittys wrist. The parachute deployed and the tandem was on track to land
on the airfield. About 10 meters from the ground, there was a sudden gust of wind which
disrupted the landing path of the tandem. As a result, the two, instead of landing softly
on the airfield, suddenly dropped to the ground. Kitty broke her neck and died. The
jumper likewise was injured, having suffered broken bones. From the video taken by the
GoPro camera, the jumper tried to protect Kitty from injuries. This is consistent with the
injuries suffered by the jumper. The parents of Kitty wanted to sue Extreme Adventures
for the death of Kitty.

Can Extreme Adventures interpose the defense of fortuitous events. Applying the
requisites for the application of the doctrine, determine whether the defense of the
event organizers is tenable. (5 points)

3. Freddie is a philandering husband who is also a wife-beater. Tired of his

womanizing and physical abuse, Melody followed Freddie when he went to the
Supersonic Mall, on his way to meeting his mistress. She carried with her a gun,
determined to end the life of Freddie and the mistress, Dorothy. Melody, despite the
presence of mall security, was able to enter the mall premises. She caught Freddie
putting on Dorothy a necklace. Obfuscated, she lunged at Dorothy and shouted, Malandi
ka, mang aagaw ng asawa! Kabit! At the same time, she was pulling her hair, slammed
her to the ground and kicked her repeatedly. As it so happened, Dorothy was pregnant
and stated bleeding profusedly. She eventually lost her baby. Freddie on the other hand,
recovered from the initial shock and came to the defense of Dorothy, pulling Melody
away and slapping her repeatedly. When Freddie saw Dorothy bleeding, he rushed to her
side and tried to pull her up to seek medical help. At this point, Melody pulled out her gun
and shot Freddie twice, both shots fatally wounding him. He died subsequently from the

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UP College of Law, Torts and Damages, Semester 1, Academic Year 2015-2016 [MRST]
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gunshot wounds. Melody was about to pull the trigger to end Dorothys life when a
security guard employed by an agency which was engaged by Supersonic Mall attempted
to wrestle the gun from Melodys hand. As Melody was in a state of rage, the guard failed
and instead, the bullet that was intended for Dorothy ended the security guards life.
Melody was about to end her own life by shooting herself but the gun was successfully
wrested from her by another security guard. As it turns out, another bystander, Lorraine,
was hit by one of the bullets fired from Melodys gun. Lorraine likewise died on the way to
the hospital.

(a) The heirs of Lorraine wanted to recover damages for the death of Lorraine. They
know that it was Melody who fired the gun that killed Lorraine but it so happened that
Lorraine herself was also a battered wife and they are aware that Melody had no means
to compensate them. As suggested by a friend, they decided to sue Supersonic Mall. Is
Supersonic Mall liable? Why? (5 points)

(b) A criminal case for parricide was filed against Melody, in which case, she was
acquitted based on reasonable doubt. Now, the children of Freddie from his other
mistress, Lanie, wanted sue Melody under the quasi-delict. Counsel for Lanies children
advised that such civil case is barred by the acquittal of Melody in the criminal case and
for the failure to reserve the civil aspect of the crime. Is the counsel correct? Why or why
not? (5 points)

(c) The heirs of the security guard killed by Melody would like to receive compensation
for his death from Melody. Enumerate the damages that they may claim against Melody.
(3 points)

(d) As it turns out, the security guard was a UP evening law student of cum laude
standing already on his 4th year. He was merely 25 years old and had in fact worked as an
intern in one of the top law firms in the country in the previous summer. According to the
recent study of the UP Population Institute, a 25 year old male has a life expectancy of 70
years old. The security guard, however, was a smoker but otherwise healthy. If you were
counsel for the security guard, compute for the actual damages for loss of earning
capacity that his heirs will be entitled to and justify why such is the correct amount. (5
points)

(e) If you were the counsel of Melody, what would be your arguments for the reduction
of such award for actual damages. (2 points)

4. A Spirit of Asia Airways plane, a Chinese airline, crash landed in the runway of the
Subic International Airport (SIA), killing one passenger after the passenger was thrown off
the plane and was ran over by the firetruck of SIA which immediately responded to the
crash site. Other passengers saw that the girl was hysterically screaming after being
thrown off the plane and was still screaming in pain after she landed on the runway. Her
screams suddenly stopped after she was ran over by the firetruck.

The parents of the girl who died sued SIA for damages for the death of their daughter. SIA
raised the defense that they were not liable for the death of the girl because the
proximate cause of her death was the crashing of the plane.

(a) What is the proximate cause of the death of the girl? Explain. (5 points)

(b) How are the doctrines of last clear chance and emergency rule applicable to

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UP College of Law, Torts and Damages, Semester 1, Academic Year 2015-2016 [MRST]
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this case? Can these defenses be used and by whom? (5 points)

5. Realistic International School maintained a state of the art, modern campus at the
heart of the emerging business district Taguig City. It offers grade school and secondary
school utilizing a school schedule and curriculum that benefits its student body, most of
whom are children of diplomats. All students, teachers and staff are issued electronic
keys to enter the premises and access its facilities, including classrooms. The entire
campus has closed circuit cameras. It was September, and classes have just started.

The previous year ended bad for Stefan Schimdt, an alumni of the school who had an axe
to grind against current senior student, Steven Smith who, Stefan believed, alienated the
affection of his ex girlfriend Stephanie. That day, Stefan was early at the gymnasium,
doing his exercise routine. Stefan had graduated from the school the previous school
year but he still had his electronic key with him, his school ID that allowed him access to
the facilities of the school. And so when he saw Steven, then standing at the edge of the
schools diving pool talking on his phone, his acrimonious feelings were rekindled.
Seeing that Steven was standing facing away from Stefan, Stefan walked behind Steven
and surreptitiously pushed Steven into the pool. Stefan ran straight towards the exit of
the school, laughing, and pleased with his prank. Steven, who didnt know how to swim,
panicked and drowned.

(a) Who is liable for the death of Steven? (5 points)

(b) If Stefan was an enrolled student, would your answer be the same? Explain.
(3 points)

(c) In your answer in (b), would it matter if Stefan was already 18 years old at
the time of Stevens drowning? Explain. (2 points)

[Nothing follows.]

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UP College of Law, Torts and Damages, Semester 1, Academic Year 2015-2016 [MRST]