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Philippine Bar review · Question

Practice question: Contributory Negligence

Multiple Choice Hard

Practice question

A road user’s negligent maneuver and a driver’s negligent operation both figure in an accident. One party asks the court to treat the road user’s lapse as necessarily a complete bar; the other asks the court to ignore it entirely. What must the court determine under Article 2179?
  1. Only which party filed first.
  2. Only which vehicle was more expensive.
  3. Whether the plaintiff’s negligence was the immediate and proximate cause or only contributory while the defendant’s lack of care was the immediate and proximate cause.
  4. Only whether both parties regret the accident.
  5. Nothing further once two mistakes are mentioned.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 2179 and 2214.

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