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Philippine Bar review · Question

Practice question: Res Ipsa Loquitur

Multiple Choice Hard

Practice question

The actual cause of an injury is established by direct evidence. A claimant asks the court to disregard that evidence and use res ipsa as an automatic liability shortcut. What limitation does Nuñez identify?
  1. The doctrine does not replace analysis where the actual cause is identified or established
  2. Res ipsa always overrides direct proof
  3. Direct evidence becomes inadmissible after an accident
  4. Every established cause is negligent by definition
  5. Res ipsa eliminates every element of malpractice

Legal references

  • Civil Code, Articles 1735, 1755-1756, 2176, 2179, 2184-2185 and 2214: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Spouses Nuñez v. Dr. Daz, G.R. No. 246489, January 29, 2024, MAIN decision: https://lawphil.net/judjuris/juri2024/jan2024/gr_246489_2024.html

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