Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

A plaintiff makes an unsuccessful reasonable emergency response to a danger created by defendant. The court finds the response was not negligent. Does the failure to escape alone trigger Article 2179’s bar?
  1. Yes; any unsuccessful response is negligence.
  2. Yes; the victim must always choose perfectly.
  3. Yes; injuries conclusively establish plaintiff fault.
  4. No; all emergency responses automatically guarantee recovery.
  5. No.

Legal references

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

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