Philippine Bar review · Question

Practice question: Waiver

Multiple Choice Hard

Practice question

A carrier injures a paying passenger through an employee’s negligence. It relies on a ticket statement abolishing all responsibility for passenger safety and on a prominent identical sign. Does repetition make the waiver effective under Article 1757?
  1. No; neither ticket statements nor notices can lessen the stated statutory responsibility
  2. Yes, two invalid clauses become valid together
  3. Yes, printing creates an automatic exemption
  4. Yes, paying passengers are always gratuitous
  5. Yes, the notice makes all negligence intentional consent

Legal references

  • Civil Code, Articles 6, 19-21, 27, 32, 430, 1144-1155, 1757-1758 and 2034: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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