Practice question
A defendant calls an injury an 'accident' but the evidence proves a failure to take required precautions that proximately caused it. Does the label alone defeat the negligence claim?
- No, the actual fault and causation control rather than the label
- Yes, every accidental result is legally faultless
- Yes, because negligence requires intent to injure
- No, because all accidents create strict liability
- Yes, if no written warning was sent by the victim
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
Answer this question in flashcards to review your response and continue practicing.