Philippine Bar review · Question

Practice question: Assumption of Risk

Multiple Choice Medium

Practice question

A competent participant actually knows and appreciates a particular ordinary risk inherent in a lawful sporting activity, freely chooses it, and is injured by that very risk. No overriding prohibition or unaccepted additional danger is involved. What is the significance?
  1. Those established facts can support assumption of that particular risk
  2. They necessarily prove acceptance of every unknown danger too
  3. Participation automatically waives all future fraud
  4. The defense never applies to any sport
  5. The defendant may rewrite the participant's knowledge afterward

Legal references

  • Civil Code Articles 1171, 2176 and 2179: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Abrogar v. Cosmos Bottling Company, GR 164749, March 15, 2017, main decision: https://lawphil.net/judjuris/juri2017/mar2017/gr_164749_2017.html

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