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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A court finds the plaintiff’s own negligent disabling of a safety mechanism immediately and proximately caused the injury. The alleged defendant defect is disproved and no defendant causal wrong is established. Plaintiff seeks recovery merely because defendant owns the premises. Which is best?
  1. Article 2179’s bar applies on the stated causal findings.
  2. Ownership alone defeats the bar.
  3. Every injury on premises creates strict liability.
  4. The plaintiff’s causal negligence is irrelevant.
  5. The court must automatically divide damages equally.

Legal references

  • Civil Code Articles 1174, 1759, 2176-2180: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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