Philippine Bar review · Question

Practice question: Accident or Fortuitous Event

Multiple Choice Hard

Practice question

A business leaves a known unstable sign unsecured despite warnings and a feasible repair. A storm then dislodges it onto a passerby. The court finds the omitted repair contributed proximately to the injury. The business claims the storm necessarily supplies complete immunity. Which answer follows Mindex's principle?
  1. Any storm necessarily creates complete immunity
  2. The proved negligent contribution prevents automatic reliance on the storm as an exculpatory fortuitous event
  3. Warnings are irrelevant whenever wind occurs
  4. Only intentional injury can create liability
  5. The passerby must have predicted the exact falling moment

Legal references

  • Civil Code Articles 1173–1174 and 2176–2178: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Mindex Resources Development v. Morillo, GR 138123, March 12, 2002, main decision, fortuitous-event discussion: https://lawphil.net/judjuris/juri2002/mar2002/gr_138123_2002.html

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