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Philippine Bar review · Question

Practice question: Concept and Elements of Quasi-Delict

Multiple Choice Hard

Practice question

After a supervised fitness session, a client suffers a serious medical event. The evidence proves the injury but fails to establish the alleged negligent omission or a proximate causal link between the trainer's conduct and that event. The claimant argues that sequence alone requires liability. Which analysis accords with Kim?
  1. An event after a session necessarily proves its cause
  2. The claimant must prove negligence and proximate causation; temporal sequence and injury alone do not complete the quasi-delict
  3. The client must always be blamed for every medical event
  4. Fitness services are exempt from all civil duties
  5. The court must invent missing contractual duties to fill the proof gap

Legal references

  • Civil Code Articles 2176–2179: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Kim v. Slimmers World International, GR 206306/206321, April 3, 2024, main decision: https://lawphil.net/judjuris/juri2024/apr2024/gr_206306_2024.html

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