Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

A defendant alleges the plaintiff ignored a warning. Reliable evidence proves the warning was never given and establishes no other plaintiff negligence. May the court apply the bar solely on that rejected allegation?
  1. Yes; pleading establishes truth.
  2. Yes; warnings are presumed in every case.
  3. Yes; the plaintiff must prove no accident occurred.
  4. No.
  5. No; defendants can never invoke Article 2179.

Legal references

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

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