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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A defendant offers evidence of plaintiff negligence, but the court finds it only increased harm while defendant’s lack of care was immediate and proximate. Defendant asks the court to describe it as sole cause merely because it was serious. Which is sound?
  1. Any serious fault necessarily bars all recovery.
  2. Seriousness alone does not replace the established causal classification; mitigation is the stated Article 2179 consequence.
  3. Every plaintiff error is sole cause.
  4. The defendant may choose the causal finding.
  5. All mitigation is prohibited.

Legal references

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

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