Philippine Bar review · Question

Practice question: Under the Civil Code

Multiple Choice Medium

Practice question

A carrier accepts a passenger free of charge but obtains no limiting stipulation. After an injury it argues that a free ride alone automatically waives every negligence claim. Is that correct?
  1. Yes; free passengers have no contractual safety rights.
  2. Yes; all free transport falls outside the Civil Code.
  3. No; the passenger automatically owns the vehicle.
  4. No; Article 1758 validates a qualifying stipulation, not an automatic waiver from free carriage alone.
  5. Yes; only a paying passenger may ever sue.

Legal references

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

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