Practice question
An injured passenger sues the carrier for breach of the contract of safe carriage. The carrier merely says another driver had the last clear chance and treats that as automatic defeat of the passenger’s contract claim. Which is correct?
- Every contract claim is defeated by that label
- The passenger must sue only the other driver
- The contractual carrier obligation must be analyzed under its own rules; Tiu does not permit that automatic last-clear-chance escape in the passenger claim
- Every passenger assumes every risk
- No carrier ever has a duty of care
Legal references
- Tiu v. Arriesgado, G.R. 138060, September 1, 2004: https://lawphil.net/judjuris/juri2004/sep2004/gr_138060_2004.html
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