Log In Create Account

Philippine Bar review · Question

Practice question: Liability Despite Absence of Fault or Negligence

Multiple Choice Hard

Practice question

A dog maintained by a household escapes and injures a pedestrian. Damage and possession are proved; neither force majeure nor victim fault is established. The household proves careful feeding and invokes absence of personal negligence as automatic immunity. What is the statutory response?
  1. Article 2183 responsibility is not defeated by that showing alone
  2. Every careful possessor is automatically exempt
  3. Escape always extinguishes responsibility
  4. Only proof of a sale can create liability
  5. The pedestrian must prove a signed care contract

Legal references

  • Civil Code, Articles 19-23, 26, 28, 31-33, 1314, 2177, 2183 and 2187: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Vestil v. Intermediate Appellate Court, G.R. No. 74431, November 6, 1989, MAIN decision: https://lawphil.net/judjuris/juri1989/nov1989/gr_74431_1989.html

Answer this question in flashcards to review your response and continue practicing.