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Philippine Bar review · Question

Practice question: Negligent

Multiple Choice Hard

Practice question

A repairer knows a loose overhead fixture will be used above a crowded doorway. A cheap effective securing step was available, but he omits it; the fixture falls as foreseeably expected and causes proved injury. No contract with the victim exists. Which analysis is sound?
  1. Evaluate the omitted precaution in that setting and its causal connection to the injury.
  2. Treat absence of a safety request as complete immunity.
  3. Treat lack of a victim contract as immunity from quasi-delict.
  4. Ignore known conditions because the work was routine.
  5. Require a desire to injure before considering negligence.

Legal references

  • Civil Code Articles 1173, 2176, 2180-2184: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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