Civil Law, 2011 Bar — Question 100

MULTIPLE CHOICE

Because of X's gross negligence, Y suffered injuries that resulted in the abortion of the foetus she carried. Y sued X for, among other damages, P1 million for the death of a family member. Is Y entitled to indemnity for the death of the foetus she carried? A) Yes, since the foetus is already regarded as a child from conception, though unborn. B) No, since X would not have known that the accident would result in Y's abortion. C) No, since birth determines personality, the accident did not result in the death of a person. D) Yes, since the mother believed in her heart that she lost a child.

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