Essay Flashcards

Facts: A hillside property owner, Renato, hires a licensed geodetic engineer, Lara, to conduct a boundary survey along a steep slope. Clear warning signs read: "Danger: rockfall — proceed at your own risk." Lara’s supervisor directs the team to take measurements from the edge and to skip safety harnesses to obtain precise coordinates. Despite the warnings, Lara steps onto the edge, declines to wear safety gear, and a rockfall injures Lara. Lara sues Renato for damages in a quasi-delict. Renato raises the defense of assumption of risk. (a) Is the defense available to Renato? (b) Distinguish express vs. implied assumption of risk under Philippine law. (c) Apply the rule to the facts and determine whether Lara assumed the risk and whether Renato remains liable.