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AllBar 2024CIVIL LAWXV. TORTS AND DAMAGESH. Defenses in Tort Actions

Question

TORTS AND DAMAGES: Defenses in Tort Actions

Scenario 1:

Lucy, a customer in a busy restaurant, accidentally spills a hot cup of coffee on herself. She immediately sues the restaurant for negligence, claiming that the coffee was excessively hot. The restaurant owner argues that there is a valid defense in this matter. Discuss the possible defense that the restaurant owner can assert and its basis under Philippine law.

Scenario 2:

Mark, a security guard, apprehends a suspected shoplifter at a mall. In the process, the suspected shoplifter sustains minor injuries. The shoplifter files a lawsuit against Mark for assault and battery. Mark raises a defense in response to the allegations. Explain the defense that Mark can assert and the legal basis for such defense in Philippine tort law.




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Bar Review Question: TORTS AND DAMAGES: Defenses in Tort Actions Scenario 1: Lucy, a customer in a busy restaurant, ac