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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSG. Judicial Decision (Civil Code, Art. 8)

Question

Question:

Alexander was involved in a car accident where his car was rear-ended by another vehicle driven by Benjamin. Alexander sustained injuries and his car was severely damaged. As a result, Alexander filed a civil case against Benjamin seeking compensation for the damages and injuries incurred. The case was eventually brought before the court for judgment.

During the trial, the court identified a previous judicial decision that is relevant to the case. The decision states that in similar accidents, the driver who rear-ends another vehicle is presumed to be at fault unless proven otherwise. The court is considering applying this precedent to Alexander's case.

Discuss the effect and application of the judicial decision on the car accident case of Alexander versus Benjamin. Are the court's considerations in line with the provisions of Article 8 of the Civil Code? Explain why or why not.




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Bar Review Question: Question: Alexander was involved in a car accident where his car was rear-ended by another vehicle