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8. Which of the following statements best describes the rule on the suability of incorporated entities?
A. An incorporated entity may not be sued without its express consent if it is performing a
governmental function. B. An incorporated entity may be sued only if it is performing proprietary
function. C. An incorporated entity may be sued without its consent while performing governmental
function. D. An incorporated entity may not be sued without its express consent even if it is performing
proprietary functions.
9. Which of the following statements best describes the rule on the liability of the State based on the
actions of its agents, officers and employees.
A. The State is liable for all acts of any of its agents, officers and employees. B. The State may be liable
for the tortious acts of special agents only. C. The State may be liable for the tortious acts of special
agents, but only if the tortuous acts arose from the performance of proprietary functions. D. A municipal
corporation may not be held liable as an ordinary employer, even if it engages in private enterprises.
10. The restrictive theory recognizes the immunity of the sovereign only with regard to public acts or
acts jure imperii of a state, but not with regard to private acts or acts jure gestionis. Which of the
following have been characterized as acts jure gestionis?
A. The lease by a foreign government of apartment buildings for use of its military officer B. The
conduct of public bidding for the repair of a wharf at a United States Naval Station C. The bidding for
the operation of barber shops in Clark Air Base in Angeles City D. Contract involving the physical
maintenance of the premises of the diplomatic mission, such as the upkeep of its furnishings and
equipment.