Essay Flashcards

During a weekend street market, a vendor displays a large illuminated sign mounted on a wooden frame attached to a brick wall of his stall. The frame is secured by three metal brackets. A sudden earthquake causes the wall to shake and the frame to detach and strike a passerby, Lina, injuring her leg. The vendor asserts that the injury resulted from a fortuitous event—the earthquake—that could not have been foreseen or resisted, and that he acted with due care by using sturdy brackets and professional mounting. Lina sues for damages under a quasi-delict. (a) Identify the controlling doctrine of accident or fortuitous event and explain when it operates as a defense. (b) Distinguish when this defense applies versus when the vendor would be liable for negligence. (c) Apply to the facts and determine the vendor’s liability, if any.