Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A defendant negligently drops unsecured building material onto a passerby. The passerby happened to violate an unrelated administrative requirement that had no causal connection to the falling object or resulting injury. The defendant invokes that unrelated violation as an automatic Article 2179 bar. Which answer is correct?
  1. Every violation by a plaintiff automatically bars recovery
  2. The asserted fault must have the required causal relevance; the unrelated violation does not establish the statutory bar or contribution
  3. Any plaintiff violation necessarily makes the defendant careful
  4. The material's fall is irrelevant to causation
  5. The court must impose a fixed fifty-percent reduction

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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