Professional Documents
Culture Documents
18. The service is to be rendered in accordance with orders which the employer has the authority
to give at all times; and
19. The illicit Act of the employee was on the occasion or by reason of the functions entrusted to
him.
Vicarious Liability of Employers under Article 103 of the Revised Penal Code
1 Employee is Insolvent
20. Employee was convicted of the offence committed in the discharge of his duties; and
21. Employer is engaged in any kind of industry.
The fact of the prosecution and the further fact that the defendant was himself the prosecutor;
and that the action was finally terminated with an acquittal;
35. That in bringing the action, the prosecutor acted without probable cause; and
36. The prosecutor was actuated or impelled by legal malice.
Publication of embarrassing private parts
1 Publicity is given to any private or purely personal information about a person;
37. Without the latters consent; and
38. That the publication was made with intent of gain or for commercial and business purposes
aggravates the violation of the right, regardless of whether or not such publicity constitutes a
criminal offense, like libel or defamation.
Infliction of Emotional distress
1 Plaintiffs mental distress was extreme and severe;
39. Conduct of the defendant was intentional or in reckless disregard of the plaintiff;
40. Causal connection between defendants conduct and plaintiffs mental distress; and
41. Conduct was extreme and outrageous beyond all possible bounds of decency, regarded as
atrocious, and utterly intolerable in civilised society.
Group Libel
1 Libel is directed against a fairly large group;
42. Libel can reach beyond mere collectivity to do damage to an individual group members
reputation; and
43. The statement is so sweeping and all embracing to apply to every individual in the group or
class so that he can bring the action separately if necessary.
Deceit
1 Defendant made false representation to the plaintiff through:
1. Written or spoken words, or
2. Conduct;
2. The representation must be one of fact;
3. Defendant knows that the representation is false or is reckless about whether it is false;
4. the plaintiff must have acted on the false representation;
5. Defendant must have intended that the false representation should be acted on; and
6. Plaintiff suffered damage as a result of acting on the false representation.
Product Liability by manufacturers
1 The defendant is the manufacturer or processor of foodstuff, drinks, toilet articles and similar
goods involved;
44. Plaintiff used or consumed such product unaware of the injurious condition of the product;
45. The defendant used noxious or harmful substances in the manufacturing or processing of the
foodstuff, drink or toilet articles and similar goods;
46. Plaintiffs injury or death was caused by the product used or consumed; and
47. The forms or kinds of damages suffered and the amount thereof.
Enforcing liability against the defendant