Practice question
A trader deliberately uses fabricated messages and intimidation to cause a rival’s customers to abandon transactions, producing proved damage. The trader argues that all conduct in pursuit of market share is immune because competition is lawful. What is correct?
- Every pursuit of market share is immune regardless of means.
- Deceit and intimidation are automatically lawful if profitable.
- Only an existing partnership between rivals can create a duty.
- Article 28 distinguishes lawful competition from damage caused by its specified unjust methods.
- Damage alone proves every element without examining conduct.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 19–21,26 and28.
Answer this question in flashcards to review your response and continue practicing.