Philippine Bar review · Question

Practice question: Last Clear Chance

Multiple Choice Hard

Practice question

A bank relies on a customer’s failure to inspect bills as automatic defeat of recovery. Material facts otherwise match BPI’s established bank lapses, including the omitted serial-number record and causally relevant failure of the required care. Which is sound?
  1. A customer omission always grants immunity.
  2. Customer fault must be evaluated with the bank’s established failures rather than treated as automatic complete immunity.
  3. Last clear chance prohibits examining bank records.
  4. Any banking loss is automatically split equally.
  5. Every customer always recovers regardless of proof.

Legal references

  • BPI v. Spouses Quiaoit, G.R. No. 199562, January 16, 2019, main decision: https://lawphil.net/judjuris/juri2019/jan2019/gr_199562_2019.html
  • Tiu v. Arriesgado, G.R. No. 138060, September 1, 2004, main decision: https://lawphil.net/judjuris/juri2004/sep2004/gr_138060_2004.html

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