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Philippine Bar review · Question

Practice question: Plaintiff’s Negligence as Immediate and Proximate Cause

Multiple Choice Medium

Practice question

A court finds that the plaintiff's careless act was the immediate and proximate cause of the injury and establishes no actionable causal fault by the defendant. Which Article 2179 consequence applies?
  1. The plaintiff cannot recover on the asserted negligence claim
  2. The defendant must pay solely because sued
  3. The plaintiff necessarily receives a full award
  4. The court must presume an unrelated tort
  5. The plaintiff receives compensation for every disappointment

Legal references

  • Civil Code Article 2179: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Achevara v. Ramos, GR 175172, September 29, 2009, main decision: https://lawphil.net/judjuris/juri2009/sep2009/gr_175172_2009.html

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