Philippine Bar review · Question

Practice question: Last Clear Chance

Multiple Choice Hard

Practice question

Both parties made errors in a financial transaction. Claimant invokes BPI solely because the defendant bank processed the transaction later. No failure of required care or causally relevant later chance is proved. Which is best?
  1. The analogy is incomplete; later processing alone does not establish the doctrine.
  2. Every later bank action imposes liability.
  3. BPI abolishes proof of causation.
  4. Any customer error immunizes the bank.
  5. Only the claimant’s earlier error matters.

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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