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Philippine Bar review · Question

Practice question: Accident or Fortuitous Event

Multiple Choice Hard

Practice question

A party proves an event was unusual but supplies no proof of inevitability or required care, and a specific valid risk-assumption provision applies. Is unusualness alone conclusive exoneration?
  1. Yes; rarity proves every element.
  2. No; the legal requirements and applicable exception remain unresolved.
  3. Yes; unusual events override all stipulations.
  4. Yes; the claimant must disprove every conceivable event.
  5. No; unusual events are always intentional.

Legal references

  • Civil Code Articles 1174, 1759, 2176-2180: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Mindex Resources Development v. Morillo, G.R. No. 138123, March 12, 2002, main decision: https://lawphil.net/judjuris/juri2002/mar2002/gr_138123_2002.html

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