S.A 2020/21 B.E CIVIL LAW | Question #6
SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #6
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A 100-year-old tree inside a university was uprooted by strong winds caused by a super typhoon. This was despite the university’s prior effects to maintain the strength of the tree’s roots.
The tree was blown away until it hit a nearby fast-food restaurant where a Bar candidate was reviewing for the Bar Examinations. The Bar candidate, who was then the only person dining inside the fast-food restaurant, suffered physical injuries.The super typhoon was enabled by climate change.
Can the university be held liable for the physical injuries suffered by the Bar candidate? Explain briefly.
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SUGGESTED ANSWER:
No, the university cannot be held liable for the injuries suffered by the bar candidate. The facts clearly state that despite the efforts of the university to maintain the strength fo the roots of the tree, it was still blown away. The proximate cause of the injuries sustained by the bar candidate was a fortuitous event and under the law, no person shall be liable for those events which could not be foreseen, or even if foreseen were inevitable (Civil Code, Art. 1174). The event which caused damage to the bar candidate was entirely independent of human will and no negligence could be attributed to the university.
Code: S.A 2020/21 B.E CIVIL LAW | Question #6
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