Philippine Bar review · Question

Practice question: Negotiorum Gestio

Multiple Choice Hard

Practice question

Outside any intervention to save property from imminent danger, a manifestly unfit volunteer prevents a more competent person from managing. A fortuitous loss occurs. Does Article 2148 recognize liability despite the event’s fortuitous character?
  1. No, fortuity invariably ends liability
  2. Yes; the stated circumstances fall within its listed grounds
  3. Only if the owner had signed an employment contract
  4. Only if the volunteer became owner
  5. No, competence is never relevant

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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