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?
- Yes; pleading establishes truth.
- Yes; warnings are presumed in every case.
- Yes; the plaintiff must prove no accident occurred.
- No.
- 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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