Philippine Bar review · Question

Practice question: Direct Tortfeasor

Multiple Choice Hard

Practice question

A warehouse worker negligently stacks heavy goods contrary to an existing safety duty. The stack falls onto an unrelated courier. The worker's fault and proximate causation are established. The worker argues that because a supervisor also failed to inspect, no direct claim can lie against the worker. Which answer is sound?
  1. A supervisor's additional fault necessarily removes the worker's own fault
  2. The worker remains directly answerable for the proved personal conduct; another person's possible concurrent responsibility is assessed separately
  3. Every supervisor automatically bears sole liability
  4. Only the owner of the goods can be sued
  5. A courier must accept all injuries without remedy

Legal references

  • Civil Code Articles 2176–2178, 2181 and 2194: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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