Philippine Bar review · Question

Practice question: Under the Civil Code

Multiple Choice Hard

Practice question

A bus ticket announces that passengers assume all risks of deliberate violence by the carrier's employees. During the trip a conductor intentionally injures a passenger. The company proves careful hiring and points to the notice. What is the strongest analysis?
  1. Careful hiring necessarily excuses all contractual passenger injuries.
  2. Neither the ticket clause nor careful selection and supervision defeats the carrier's Article 1759 responsibility on these facts.
  3. The notice gives employees legal authority to injure passengers.
  4. Wilful injury cannot be covered by Article 1759.
  5. The passenger's duty of self-care automatically validates the clause.

Legal references

  • Civil Code, Articles 1741, 1743, 1745-1747 and 1758-1761: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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