Practice question
An importer proves that the particular item was never placed on the market by it. The Article 97 claimant relies solely on the importer’s brand affiliation. Which is best?
- Brand affiliation makes the defense legally irrelevant.
- Independent-of-fault liability eliminates every defense.
- Every importer answers for all products worldwide.
- The proved statutory nonplacement defense must be considered.
- The defense requires proof of the consumer’s negligence as well.
Legal references
- Civil Code Articles 1173, 2176, 2180-2184: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Consumer Act, RA 7394, Articles 97-99: https://lawphil.net/statutes/repacts/ra1992/ra_7394_1992.html
Answer this question in flashcards to review your response and continue practicing.