Philippine Bar review · Question

Practice question: Last Clear Chance

Multiple Choice Hard

Practice question

A collision occurs when a vehicle suddenly crosses immediately in front of another. The evidence establishes that the second driver had no time or safe maneuver to prevent impact after the peril arose. A party relies on a slow-motion replay to imagine an impossible split-second maneuver and calls it the last clear chance. Which is correct?
  1. Slow motion creates real time that did not exist
  2. Every theoretical maneuver is a legally clear chance
  3. The later vehicle always bears all liability
  4. The doctrine abolishes evidence about reaction time
  5. A merely speculative hindsight opportunity is insufficient; the actual practical chance and other negligence issues must be assessed

Legal references

  • BPI v. Spouses Quiaoit, G.R. 199562, January 16, 2019: https://lawphil.net/judjuris/juri2019/jan2019/gr_199562_2019.html

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