Philippine Bar review · Question

Practice question: Extraordinary Diligence

Multiple Choice Hard

Practice question

A passenger is injured by a stranger’s act. Employees could neither anticipate nor prevent or stop it even using the Article 1763 prudent-care standard, and no independent carrier fault is shown. Counsel says that article makes the carrier automatically liable for every stranger act without those conditions. Which is correct?
  1. Every stranger act automatically proves the condition
  2. Only employee age matters
  3. The article has no prevention qualification
  4. Article 1763’s express prevention-or-stopping condition must be examined; it is not unconditional liability for every stranger’s act.
  5. The carrier may ignore every future threat

Legal references

  • Civil Code, Articles 1732-1733, 1745-1754 and 1758-1763: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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