Philippine Bar review · Question

Practice question: Standard of Care

Multiple Choice Medium Jurisprudence

Practice question

A special law requires a higher care standard for a particular activity. The defendant invokes only the general ordinary-diligence default as automatically sufficient. Which is correct?
  1. The default erases every special law
  2. All activities necessarily use identical care
  3. A contract label always defeats special law
  4. The applicable special legal standard must be applied rather than displaced by a default for unstated standards
  5. Higher care is legally impossible

Legal references

  • Civil Code, Articles 1163 and 1173: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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