Practice question
Can actual knowledge alone establish assumption of risk where the plaintiff's exposure was not free and voluntary?
- No, voluntariness is a separate requirement
- Yes, knowledge makes compulsion irrelevant
- Yes, every warning eliminates the need for choice
- No, because knowledge never matters
- Yes, if the defendant repeats the warning
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
Answer this question in flashcards to review your response and continue practicing.