09 Quiz Losabia
09 Quiz Losabia
09 Quiz Losabia
Case: Henry was invited by Ross to dine at Bulaluhan Restaurant as a sign of Gratitude for all the favour
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?
Yes, the restaurant is liable for the accident because as what stated in the case the waiter
accidentally poured the newly cooked bulalo over the head of Ross, which caused him
permanent baldness, it means that even it is unintentional because it is an accident the
restaurant is still liable because their employee make a damage to Ross which make him
permanent baldness and the restaurant did not train their employees well like on how to serve
food properly. In this case a tort is present for a casual connection between the faults or
negligence of the defendant's act at the damages incurred by the plaintiff as the major purpose
is to restore the injured parties to their original condition, in so far as the law can do this by
compensating them for their injury. It was stated in Article 2176 of the new civil code of the
Philippines that whoever by act or omission causes damage to another, their being fault or
negligence is obliged to pay for the damage done. Such fault or negligence, if there is so pre-
existing contractual relation between the parties.