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Question

XV. TORTS AND DAMAGES – E. Vicarious Liability

Scenario:

John owns a construction company that specializes in building high-rise buildings. He hires various employees to perform different tasks such as architects, engineers, and construction workers. One of his employees, Mark, was assigned as a crane operator. While operating the crane, Mark accidentally dropped a heavy steel beam, causing serious injuries to a pedestrian passing by.

Question:

1. What legal doctrine governs the liability of John for the negligence of his employee Mark in the given scenario? Explain.
2. Discuss the conditions that must be present for the application of vicarious liability under the Civil Code of the Philippines.
3. Can John be exempted from vicarious liability for the negligence of his employee Mark? Discuss any applicable defenses.
4. Under the Family Code of the Philippines, can the immediate employer, John, be held solidarily liable with the employee, Mark? Explain.

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Answer