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09 Quiz 1 - Case Study

The restaurant is liable for the accident caused by their waiter. The case discusses that Henry invited Ross to dine at Bulaluhan Restaurant. Unfortunately, the waiter accidentally poured the freshly cooked bulalo over Ross' head, causing him permanent baldness. According to Philippine law, the restaurant is liable because the waiter, as their employee, caused damages through negligence even though the accident was unintentional. The goal in this situation is to restore Ross through compensation for his injuries.

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Josephine Paculba
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1K views

09 Quiz 1 - Case Study

The restaurant is liable for the accident caused by their waiter. The case discusses that Henry invited Ross to dine at Bulaluhan Restaurant. Unfortunately, the waiter accidentally poured the freshly cooked bulalo over Ross' head, causing him permanent baldness. According to Philippine law, the restaurant is liable because the waiter, as their employee, caused damages through negligence even though the accident was unintentional. The goal in this situation is to restore Ross through compensation for his injuries.

Uploaded by

Josephine Paculba
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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BSTM601-A

Case: Henry was invited by Ross to dine at Bulaluhan Restaurant as a sign of


gratitude fo rall the favor that the latter gave to the former. Ross believed that the
said restaurant is the best place to dine since it was referred to him by his wife.
They ordered bulalo, which is the specialty of the restaurant. Unfortunately, the
waiter accidentally poured the newly cooked bulalo over the head of Ross, which
caused him permanent baldness. Can the restaurant be held liable for the accident
that occurred?
Answer: Yes, the restaurant is liable for the accident because, as stated in the case,
the waiter accidentally poured the freshly cooked bulalo over Ross' head, causing
him permanent baldness.This means that, even though the accident was
unintentional, the restaurant is still liable because their employee caused
permanent baldness to Ross and the restaurant did not properly train their
employees on how to serve food. In this situation, a tort exists because there is a
causal link between the defendant's faults or negligence and the plaintiff's damages,
and the main goal is to restore the injured parties to their former condition, to the
extent that the law may do so by compensating them for their injuries. According to
Article 2176 of the Philippines' new civil code, whoever causes damage to another
by act or omission, regardless of guilt or carelessness, must pay for the damage. If
there is a pre-existing contractual relationship between the parties, such as fault or
carelessness.

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