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Philippine Bar review · Question

Practice question: Contributory Negligence

Multiple Choice Medium

Practice question

A shop negligently leaves a dangerous opening. A customer’s established carelessness contributes to the fall, but the court finds the shop’s lack of due care the immediate and proximate cause. Which rule applies?
  1. The customer’s smallest lapse always bars every recovery.
  2. The shop’s negligence erases the customer’s causal contribution entirely.
  3. The customer automatically recovers the full demand.
  4. The defendant may choose never to pay any judgment.
  5. The customer may recover, with damages mitigated for the contributory negligence.

Legal references

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

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