Philippine Bar review · Question

Practice question: Due Diligence

Multiple Choice Hard

Practice question

A race organizer anticipates vehicles entering an organized route but fails to put in place reasonably adequate protection for runners. A foreseeable traffic collision then causes injury. The organizer relies solely on a general briefing and a participant's route awareness as proof of its own due care. Which analysis accords with Abrogar?
  1. A briefing automatically proves all protective duties were discharged
  2. The actual adequacy of protective measures remains necessary; participant awareness alone does not establish organizer diligence
  3. Every sports organizer is an insurer of all possible harm
  4. A waiver necessarily cures every negligent omission
  5. Foreseeability is never relevant

Legal references

  • Civil Code Articles 1173, 2176, 2178 and 2180: 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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