Philippine Bar review · Question

Practice question: Definition

Multiple Choice Hard

Practice question

A claimant alleges only that a defendant negligently smashed the claimant’s machine. The claimant expressly seeks compensation for that injury, identifying no lawful voluntary unilateral act producing a quasi-contractual relation. Is the label quasi-contract sufficient?
  1. No; the pleaded basis must be evaluated under the appropriate source, such as quasi-delict
  2. Yes, all civil liabilities are quasi-contractual
  3. Yes, wrongful damage is the definition in Article 2142
  4. Yes, the label eliminates the need to prove elements
  5. Yes, a machine creates an implied contract automatically

Legal references

  • Civil Code, Articles 22, 1157, 1160, 2142-2169 and 2176: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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