Philippine Bar review · Question

Practice question: Efficient Intervening Cause

Multiple Choice Medium

Practice question

A negligent obstruction forces a cyclist into the ordinary available detour, where a proved continuous consequence of that same obstruction injures her. No independent efficient cause exists. Is taking the detour automatically superseding?
  1. Yes; every chosen route breaks the chain.
  2. Yes; only involuntary responses count.
  3. No; therefore every detour injury is compensable without proof.
  4. No; a response generated by the obstruction is not independent merely because it is a choice.
  5. Yes; leaving the original spot ends liability.

Legal references

  • Civil Code Articles 1174, 1759, 2176-2180: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Abrogar v. Cosmos Bottling Company, G.R. No. 164749, March 15, 2017, main decision: https://lawphil.net/judjuris/juri2017/mar2017/gr_164749_2017.html

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