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Vicarious Liablity Notes
Vicarious Liablity Notes
VI. PERSONS VICARIOUSLY LIABLE
Wednesday, 26 September 2018 3:56 PM
• VICARIOUS LIABILITY
• The liability of certain persons who are responsible for the negligence of others
• Basis: 2180
• Provides that liability for quasi‐delicts is demandable not only against the
person who committed the act, but also against the person responsible
for the said actor
• Cangco v Manila Railroad
• An extra‐contractual obligation arising from negligence is limited to cases in
which the person upon whom such an obligation is imposed is MORALLY
CULPABLE
• A legal fiction is created to extend this liability to others who are in a position
to exercise an absolute or limited control over those who were negligent
• Without regard to the lack of moral culpability
• CURRENT RULE: In the present Civil Code, the legislature elected to limit extra‐
contractual liability to cases in which moral culpability can be directly imputed
to the persons to be charged
• Moral Culpability: measure of the degree to which an agent, such as a
person, can be held morally responsible for action and inaction.
• Moral responsibility may consist in:
• Having failed to exercise due care in one's own acts
• Having failed to exercise due care in the selection and control of:
• One's agents or servants
• Persons who, by reason of their status, occupy a position of
dependency with respect to the person made liable
• Reason behind vicarious liability of those under 2180
• They are morally culpable for those under their ABSOLUTE or LIMITED
CONTROL
• Six Categories of Vicarious Liability
Person Vicariously Liable Actor
Father, but in case of death Minor children who live in their company
or incapacity, the mother
Guardians Minors or incapacitated persons who are under their
authority and live in their company
Owners and managers of Employees in the service of the branches in which the
an establishment or latter are employed or on the occasion of their
enterprise functions
Employers Employees and household helpers acting within the
scope of their assigned tasks
• Even though the employee is not engaged in any
business or industry
State Special Agent
Teachers or Heads of Pupils and students or apprentices, so long as they
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Establishments of Arts and remain in their custody
Trades
• When the actor commits a quasi‐delict, the person who is vicariously liable is
SOLIDARILY liable with him
• The responsibility under the Art. 2180 ceases when the persons vicariously liable
prove that they observed all the diligence of a good father of a family to prevent
damage
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