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Question XIV
A driver of a bus owned by company Z ran over a boy who died instantly. A criminal case for reckless imprudence resulting in homicide was filed against the driver. He was convicted and was ordered to pay P2 Million in actual and moral damages to the parents of the boy who was an honor student and had a bright future. Without even trying to find out if the driver had assets or means to pay the award of damages, the parents of the boy filed a civil action against the bus company to make it directly liable for the damages.
a) Will their action prosper? (4%)
b) If the parents of the boy do not wish to file a separate civil action against the bus company, can they still make the bus company liable if the driver cannot pay the award for damages? If so, what is the nature of the employer's liability and how may civil damages be satisfied? (3%)
Model answer · ALAC
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