Philippine Bar review · Question

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

Multiple Choice Easy

Practice question

When the plaintiff's negligence is only contributory and the defendant's lack of care is the immediate and proximate cause, Article 2179 provides what?
  1. Recovery with judicial mitigation of damages
  2. An automatic complete bar in every case
  3. An automatic fifty-percent award in every case
  4. No need to prove defendant fault
  5. A universal punitive fine

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

Answer this question in flashcards to review your response and continue practicing.