Flashcards Studio

At a port facility in Georgetown, Malaysia, a forklift operator employed by a Philippine-based contractor negligently fails to secure a suspended container. The container collapses and injures a Filipino worker who resides in Manila. The worker files a delict damages suit against the contractor in a Philippine court sitting in Manila. (a) Identify the doctrine that determines which law governs delictual liability and state the controlling rule. (b) Distinguish Lex loci delicti from other conflict-of-laws rules and indicate which rule governs in this case and why. (c) Apply the rule to the facts and state which law governs liability and damages, and whether the contractor may be vicariously liable for the operator’s act under Philippine law.