Practice question
An unconscious accident victim receives necessary medical treatment, with no intention by the doctor to donate the service. Is absence of the patient’s prior contractual consent alone conclusive against payment?
- Yes, only criminal restitution exists
- Yes, no duty can arise without a signature
- Yes, unconsciousness always makes treatment gratuitous
- No; Article 2167 recognizes a nonconsensual obligation on these facts
- Yes, quasi-contracts require a negotiated fee
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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