Philippine Bar review · Question

Practice question: Accident or Fortuitous Event

Multiple Choice Medium

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?
  1. Those facts support the fortuitous-event defense rather than proof of negligent contribution
  2. The defendant necessarily owes double damages
  3. Every injury automatically disproves the defense
  4. The claimant automatically becomes owner of defendant assets
  5. 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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