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Showing 1–13 of 13 articles for “contributory negligence”

Maritime Accidents and Shared Fault: When Contributory Negligence Affects Damage Claims

A Supreme Court ruling on maritime allision shows how contributory negligence can reduce damages even when another vessel caused the accident.

Contributory Negligence in Property Disputes: Balancing Rights and Responsibilities

When adjoining landowners cause damage to each other, Philippine courts weigh contributory negligence in awarding damages. Learn from the Vergara v. Sonkin case.

Blind Curves and Fault: When a Bus Driver’s Contributory Negligence Still Means Acquittal

Philippine Supreme Court clarifies proximate cause in blind-curve collisions, acquitting a bus driver whose negligence was only contributory.

Bank Liability for Altered Checks and Employee Misconduct: Lessons from Westmont Bank v. Dela Rosa-Ramos

Philippine Supreme Court clarifies when banks are liable for altered checks and negligent employees, and how depositor contributory negligence affects damages.

Proximate Cause Prevails: When a Plaintiff's Own Negligence Bars Recovery in Vehicle Accidents

Philippine Supreme Court ruling on how a plaintiff's own negligence as proximate cause bars recovery, even with defendant's contributory negligence.

NPC Liable for Electrocution Death: Duty to Maintain Safe Transmission Lines

Supreme Court rules power company negligent for sagging transmission lines that electrocuted a miner, rejecting contributory negligence defense.

Employer Liability for Employee Negligence: When Courts Can Intervene in Reorganization

Philippine Supreme Court ruling on employer liability for employee negligence, jurisdictional amounts in damage suits, and contributory negligence.

Railroad Negligence: Defining the Scope of Duty and Liability at Railroad Crossings

Philippine National Railways v. Brunty clarifies railroad crossing safety duties, contributory negligence, and damage awards under Philippine tort law.

Contributory Negligence in Vehicle Accidents: How It Affects Damage Awards

Philippine Supreme Court explains how contributory negligence reduces damage awards in vehicle accidents, using the Lambert v. Heirs of Castillon case.

Bank Liability for Unauthorized Withdrawals: Fiduciary Duty and Negligence

When a bank's negligence allows an impostor to withdraw funds, the bank may be liable. This case explains the rules on fiduciary duty and contributory negligence.

When Reckless Imprudence Causes Death: Penalties, Contributory Negligence, and Voluntary Surrender

The Supreme Court clarifies penalties for reckless imprudence resulting in homicide, when contributory negligence matters, and why voluntary surrender may not reduce the sentence.

Employer Liability in Philippine Vehicular Accidents: Due Diligence and Negligence Explained

Philippine Supreme Court ruling on employer liability for driver negligence in vehicular accidents, covering due diligence and contributory negligence defenses.

Common Carriers and Cargo Loss: Understanding Liability and Due Diligence in the Philippines

Philippine Supreme Court clarifies common carrier liability for cargo loss, extraordinary diligence, and contributory negligence in shipping disputes.