Page 11 - OBLICON Activity-Case Booklet

SOLUTIONS TO EXERCISES

APPLICATION OF LAW

Case 1.0: Culpa-criminal & Quasi delict

Legal Opinion:

Yes, Annabel may sue the driver and the hotel for damages on the

grounds of culpa criminal and culpa aquiliana/ quasi delict. The driver is liable

for culpa criminal or criminal negligence resulting to serious physical injury

and civil liability for damages under art 100 of the RPC. Furthermore, the

employer or the hotel is liable for culpa aquiliana or quasi delict.

Case 2.0: Valid Contract

Legal Opinion:

The agreement is void because it is contrary to public policy. The

agreement is clearly one in unreasonable restraint of trade. It is not necessary
for the protection of A. Besides, it would practically force B to get out of the

country in order to obtain a livelihood in case should decline to give him a
written permission to work elsewhere in the country