Philippine Bar review · Question

Practice question: Waiver

Multiple Choice Hard

Practice question

A participant acknowledges ordinary risks inherent in an activity. An injury later arises from a separately proved negligent danger outside the acknowledged ordinary risk. The organizer argues that participation alone conclusively waives every negligence claim. Which is best?
  1. Every voluntary activity waives all possible negligence.
  2. Every known ordinary risk authorizes every unrelated danger.
  3. A participant automatically waives future fraud by attending.
  4. The scope and legal validity of the alleged waiver or assumed risk must be established; participation alone does not conclusively establish the asserted unlimited release.
  5. No risk acknowledgment can ever have any lawful effect.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 6 and1171.
  • https://lawphil.net/statutes/repacts/ra1992/ra_7394_1992.html — RA 7394, article106: prohibited exoneration clauses for the specified consumer damages.
  • https://lawphil.net/judjuris/juri2017/mar2017/gr_164749_2017.html — Abrogar v Cosmos Bottling, GR 164749, March 15 2017, main opinion: waiver and assumption-of-risk issues in the negligence setting.

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