Practice question
A sudden event is proved unforeseeable and unavoidable despite the required care. The defendant neither caused nor aggravated the harm, and no contrary risk rule applies. In a claim depending solely on defendant negligence, what is the significance?
- Those facts support the fortuitous-event defense rather than proof of negligent contribution
- The defendant necessarily owes double damages
- Every injury automatically disproves the defense
- The claimant automatically becomes owner of defendant assets
- The facts are legally irrelevant
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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