Philippine Bar review · Question

Practice question: Assumption of Risk

Multiple Choice Hard

Practice question

A runner joins an organized road event after seeing the route. The organizer's proved failure to provide reasonable traffic protection causes a collision. The court finds that general awareness of nearby vehicles did not establish the runner's knowledge and voluntary acceptance of the specific harmful risk. The organizer relies on route awareness alone. Which answer accords with Abrogar?
  1. General knowledge of vehicles necessarily proves assumption of every traffic danger
  2. The defense fails on the stated missing elements; general route awareness alone does not establish acceptance of the specific risk
  3. An organizer is always an insurer regardless of fault
  4. Every signed attendance sheet waives all bodily injury claims
  5. The runner must have intended the collision

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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