Philippine Bar review · Question

Practice question: Res Ipsa Loquitur

Multiple Choice Hard Jurisprudence

Practice question

A falling instrumentality causes injury in circumstances that satisfy the ordinary-negligence inference, exclusive control and absence of plaintiff contribution. Direct explanation is not readily available to the claimant. The defendant offers credible evidence of a nonnegligent cause. The claimant says res ipsa prohibits considering it. Which is correct?
  1. The inference is always irrebuttable
  2. The defendant may never explain
  3. The doctrine abolishes the court’s fact-finding role
  4. The doctrine permits a qualified inference but does not bar rebuttal or make ultimate liability automatic
  5. A new tort is created solely by using the Latin words

Legal references

  • Allarey v. Dela Cruz, G.R. 250919, main opinion; Spouses Nuñez v. Dr. Daz, G.R. 246489: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67913

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