Philippine Bar review · Question

Practice question: Due Diligence

Multiple Choice Medium

Practice question

A custodian learns that an unsecured heavy display is likely to fall onto visitors and has a safe, feasible way to secure it, but does nothing. The display falls for that reason and injures a visitor. Can the custodian establish due care merely by saying that accidents happen?
  1. No, the established avoidable omission must be assessed against the required precautions
  2. Yes, the word accident conclusively proves diligence
  3. Yes, unless the visitor demanded repairs first in every case
  4. No, because every custodian is strictly liable without fault
  5. Yes, if the display is attractive

Legal references

  • Civil Code Articles 1173, 2176, 2178 and 2180: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

Answer this question in flashcards to review your response and continue practicing.