Philippine Bar review · Question

Practice question: Standard of Care

Multiple Choice Hard Jurisprudence

Practice question

A person safely performs a low-risk task in an ordinary setting. On a later occasion the same task is performed beside children during a crowded event with clear additional hazards. The person insists identical conduct must necessarily satisfy the standard because the task has the same name. Which is correct?
  1. A task’s name fixes care regardless of setting
  2. Crowds and children can never matter
  3. Only the defendant’s opinion matters
  4. The first successful occasion conclusively proves all future care
  5. The changed circumstances of persons, time and place may require different precautions under Article 1173

Legal references

  • Civil Code, Articles 1173 and 2178: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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