Practice question
A driver knowingly ignores a serious brake defect, enters a steep crowded route, and later loses braking ability. The driver invokes the emergency rule solely because only seconds remained when pedestrians appeared. The court proves the prior negligent defect disregard created the peril. Which is correct?
- The self-created-emergency qualification prevents that automatic excuse
- The final seconds erase all prior causal negligence
- Every brake failure is necessarily faultless
- Calling the event sudden conclusively establishes due care
- The rule requires the pedestrians to pay for the brakes
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1173,2178,2185.
- Picart v Smith GRL12219 March15,1918 MAIN: https://lawphil.net/judjuris/juri1918/mar1918/gr_l-12219_1918.html Reasonable-person foreseeability test.
- McKee v IAC GR68102/68103 July16,1992 MAIN: https://lawphil.net/judjuris/juri1992/jul1992/gr_68102_1992.html Emergency rule and own-negligence qualification.
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