Philippine Bar review · Question

Practice question: Waiver

Multiple Choice Medium

Practice question

Two fully capable parties knowingly settle an already accrued, identified private damages claim. The settlement is valid, voluntary, and contrary to no law or policy, and no third-person right is prejudiced. Is it necessarily void merely because Article 1171 prohibits a waiver for future fraud?
  1. Yes, every settlement is a future-fraud waiver.
  2. Yes, no accrued damages claim may ever be compromised.
  3. No, the stipulated lawful settlement of an existing claim is distinct from a prohibited advance waiver of future fraud.
  4. Yes, every release creates a crime.
  5. No, because Article 6 has no limits at all.

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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