Practice question
A defendant followed a casual personal habit that was plainly inadequate for a dangerous activity in the actual setting. He argues that his own habit conclusively proves due care. Which is correct?
- Habit always controls
- Any repeated conduct is necessarily careful
- The required diligence is assessed under the legal contextual standard, not conclusively by the defendant’s habits
- The injured person must adopt that habit
- A dangerous activity has no care standard
Legal references
- Civil Code, Articles 1173 and 2178: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
Answer this question in flashcards to review your response and continue practicing.