Q.

Miss X, is a passenger in a jeepney driven by Mr. D and owned by Mr. O. The jeepney was rear-ended by another jeep owned by Mr. TP. Investigations disclosed that the fault was due to the driver of Mr. TP. Which is not correct?

A. Miss X may sue Mr. O under a breach of contract of carriage.
B. Miss X may sue Mr. TP under a culpa aquiliana theory.
C. Miss X may sue the driver of Mr. TP under a culpa criminal theory.
D. Mr. O in a suit by Miss X for breach of contract may defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP.
Answer» D. Mr. O in a suit by Miss X for breach of contract may defend by alleging that the proximate cause of the accident was the jeepney of Mr. TP.
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