Philippine Bar review · Question

Practice question: Strict Liability

Multiple Choice Hard

Practice question

A consumer product placed on the market by its manufacturer injures a consumer. The manufacturer proves under Article 97 that the consumer’s own conduct was solely at fault and caused the damage; no defect-related concurrent cause is established. The claimant says “strict liability” makes that finding irrelevant. Which answer follows the statute?
  1. Strict liability removes every express statutory defense.
  2. The manufacturer must pay automatically for any injury near the product.
  3. Consumer fault can never matter under Article 97.
  4. Article 97 expressly recognizes sole fault of the consumer or a third party as an exonerating basis when established.
  5. The consumer automatically receives the manufacturer’s entire factory.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 2183 and 2185.
  • https://lawphil.net/judjuris/juri1989/nov1989/gr_74431_1989.html — Vestil v Intermediate Appellate Court, GR 74431, November 6 1989, main opinion: animal possession, no negligence basis, and causation.
  • https://lawphil.net/statutes/repacts/ra1992/ra_7394_1992.html — RA 7394, article97: defective-product liability independently of fault and specified defenses.

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