Log In Create Account

Philippine Bar review · Question

Practice question: Intervening Cause

Multiple Choice Hard

Practice question

An original negligent act merely furnishes the occasion. A subsequent distinct, unrelated act independently produces the injury, and the factfinder establishes that it efficiently breaks the natural chain. The claimant relies only on the earlier act being a historical but-for condition. Which is correct?
  1. Every historical condition remains proximate despite an efficient break.
  2. The independent cause must be ignored if the first actor was negligent.
  3. All earlier negligence automatically becomes intentional harm.
  4. The efficient independent cause can make the earlier circumstance remote; a but-for occasion alone does not establish legal proximity.
  5. The claimant automatically recovers from every person in the history.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, article2176.
  • https://lawphil.net/judjuris/juri2017/mar2017/gr_164749_2017.html — Abrogar v Cosmos Bottling, GR 164749, March 15 2017, main opinion: character of intervening events and remote occasion.
  • https://lawphil.net/judjuris/juri2008/feb2008/gr_161803_2008.html — Dy Teban Trading v Ching, GR 161803, February 4 2008, main opinion: foreseeable consequence is not an efficient break.
  • https://lawphil.net/judjuris/juri2023/jun2023/gr_254395_2023.html — Davao del Norte Electric Cooperative v Heirs of Lucas, GR 254395, June 14 2023, main opinion: winds and roofing sheet did not automatically break causal chain.

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