Philippine Bar review · Question

Practice question: Digital Platforms, Online Consumers and Merchants

Multiple Choice Hard

Practice question

An e-marketplace sells its own defective products through its platform. The platform operator and the online merchant are the same legal entity. It contends that it can be liable only subsidiarily because it uses the label platform. Which response follows Section 25?
  1. The label always limits liability to subsidiary liability
  2. The entity is entirely immune if it also hosts third-party merchants
  3. The platform has the same liability as the merchant when they are the same entity
  4. Only unrelated sellers can ever be liable
  5. The buyer must sue an employee instead

Legal references

  • RA 11967, Section 25: https://lawphil.net/statutes/repacts/ra2023/ra_11967_2023.html

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