Case Study: A patient named JM, the plaintiff, was admitted to a certain hospital, on order of the doctor of the hospital's medical staff, for treatment of erysipel present on his face. As the disease was contagious, he was placed in a private room, which was in the third floor of the hospital. Assigned to him was a special nurse, who was required to be in the constant attendance and to sleep in the patient's room. In the evening of the day he was admitted, the patient ran a temperature of 104F but it receded somewhat thereafter. On the second day, the patient become delirious for a short time in the early morning, which fact was reported by the nurse to the doctor, who visited the patient that morning and twice during the day. On the morning of the third day, the patient became delirious. He then labored under the delusion that the nurse had cut off his legs. He continued in that state from 3:30 or 4:00 until 5:00 a.m., when he went to sleep. At 6:30 a.m. his temperature was 102F and at 7:30 am the nurse gave him regular hospital breakfast tray, manifestly containing solid foods. Such food generally raised a patient's temperature, but his temperature was not taken at any time after 6:30 a.m. Thirty-five minutes later, the patient reached a violent stage of delirium, a condition in part induced, not by "hallucination" of pursuit, but by a man peeping through the transom (small window) over the door of his room. Upon seeing the man, the patient sprang up from his bed, rushed to the bathroom where the nurse is washing the dishes from the breakfast tray and told her that a man was coming through the transom to shoot him. The nurse tried to quit him down by telling that the man he saw was only the house painter and at the same time restrain him, but he struck her on the eye and stomach, broke from the restraint, and jumped from the window. As a result of his fall, he sustained physical injuries. It appeared that the solid food given to him raised his temperature. A prudent nurse would have observed those increase temperature and delirious symptoms which indicated when such patient was apt to be violent. But the nurse fails to do so and obviously incompetent to handle a delirious patient. The plaintiff later brought an action against the hospital, the nurse and the doctor for damages for the injuries he sustained while a patient is in the hospital. Question 1: Is the nurse liable of negligence? Start your answer with Yes or No. If yes, explain your answer briefly. Write the statement or phrase in the case that constitute negligence and identify what element of negligence such statement or phrase belong. Question 2: Referring to the above case study, are the damages arising from the neglectful act of the nurse base on culpa contractual or quasi-delict? Briefly and legally explain your answer. Question 3: Referring to the above case study, are the legal principles of respondent superior and res ipsa loquitor applicable in the case? Briefly and legally explain your