Philippine Bar review · Question

Practice question: Assumption of Risk

Multiple Choice Hard

Practice question

Before an activity, a participant signs a clause expressly purporting to waive any action for the operator's future fraud in performing its obligations. The operator later invokes that clause as necessarily valid assumption of risk. Which rule directly limits that argument?
  1. Article 1171 makes a waiver of an action for future fraud void
  2. Any signature makes every future-fraud waiver enforceable
  3. Assumption of risk repeals every mandatory law
  4. Future fraud is always an ordinary inherent risk
  5. The clause automatically validates every separate provision

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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