Philippine Bar review · Question

Practice question: Due Diligence

Multiple Choice Hard

Practice question

In a negligence-only claim, the evidence establishes that the defendant met every applicable inspection and protective duty and that an undetectable occurrence caused the injury without negligent contribution. No special strict-liability rule applies. The claimant argues damage alone defeats the diligence showing. Which conclusion is correct?
  1. Damage alone necessarily proves negligent conduct
  2. The court must respect the missing fault element; harm alone does not establish liability on the pleaded negligence basis
  3. Diligence automatically defeats every possible statutory claim
  4. The plaintiff must pay the defendant a penalty automatically
  5. All inspections are irrelevant

Legal references

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

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