Philippine Bar review · Question

Practice question: Accident or Fortuitous Event

Multiple Choice Medium

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?
  1. No, the actual fault and causation control rather than the label
  2. Yes, every accidental result is legally faultless
  3. Yes, because negligence requires intent to injure
  4. No, because all accidents create strict liability
  5. 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.