cargo

Question 1

What are common carriers?

Answer 1

Common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public.

(Source: Article 1732)

Question 2

What is the extraordinary diligence required of common carriers?

Answer 2

Common carriers are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case.

(Source: Article 1733)

Question 3

What are the causes that can exempt common carriers from responsibility for the loss, destruction, or deterioration of goods?

Answer 3

Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to specific causes such as natural disasters, acts of public enemies, or acts or omissions of the shipper or owner of the goods.

(Source: Article 1734)

Question 4

When are common carriers presumed to have been at fault or negligent?

Answer 4

In cases where goods are lost, destroyed, or deteriorated for reasons other than specific causes mentioned, common carriers are presumed to have been at fault or negligent, unless they prove that they observed extraordinary diligence as required.

(Source: Article 1735)

Question 5

How long does the extraordinary responsibility of the common carrier last?

Answer 5

The extraordinary responsibility of the common carrier lasts from the time the goods are unconditionally placed in the possession of the carrier for transportation until the goods are delivered to the consignee, without prejudice to specific provisions.

(Source: Article 1736)

Question 6

What duty must common carriers observe even when goods are temporarily unloaded or stored in transit?

Answer 6

Common carriers must observe extraordinary diligence over the goods even when they are temporarily unloaded or stored in transit, unless the shipper or owner has made use of the right of stoppage in transitu.

(Source: Article 1737)

Question 7

What conditions must be met for a stipulation limiting the liability of the common carrier to be valid?

Answer 7

A stipulation limiting the liability of the common carrier for the loss, destruction, or deterioration of the goods to a degree less than extraordinary diligence shall be valid if it is in writing, signed by the shipper or owner, supported by valuable consideration, and reasonable, just, and not contrary to public policy.

(Source: Article 1744)

Question 8

What is the first condition of the common carrier’s liability?

Answer 8

Goods are transported at the risk of the owner or shipper.

Article 1745

Question 9

What is the second condition of the common carrier’s liability?

Answer 9

The common carrier will not be liable for any loss, destruction, or deterioration of the goods.

Article 1745

Question 10

What is the third condition of the common carrier’s liability?

Answer 10

The common carrier need not observe any diligence in the custody of the goods.

Article 1745

Question 11

What is the fourth condition of the common carrier’s liability?

Answer 11

The common carrier shall exercise a degree of diligence less than that of a good father of a family, or of a man of ordinary prudence in the vigilance over the movables transported.

Article 1745

Question 12

What is the fifth condition of the common carrier’s liability?

Answer 12

The common carrier shall not be responsible for the acts or omission of his or its employees.

Article 1745

Question 13

What is the sixth condition of the common carrier’s liability?

Answer 13

The common carrier’s liability for acts committed by thieves, or of robbers who do not act with grave or irresistible threat, violence or force, is dispensed with or diminished.

Article 1745

Question 14

What is the seventh condition of the common carrier’s liability?

Answer 14

The common carrier is not responsible for the loss, destruction, or deterioration of goods on account of the defective condition of the car, vehicle, ship, airplane or other equipment used in the contract of carriage.

Article 1745

Question 15

When can an agreement limiting the common carrier’s liability be annulled?

Answer 15

If the common carrier refused to carry the goods unless the shipper or owner agreed to such stipulation.

Article 1746

Question 16

Under what circumstances is an agreement limiting the common carrier’s liability invalid?

Answer 16

If the common carrier, without just cause, delays the transportation of the goods or changes the stipulated or usual route.

Article 1747

Question 17

Is an agreement limiting the common carrier’s liability for delay on account of strikes or riots valid?

Answer 17

Yes.

Article 1748

Question 18

When is a stipulation limiting the common carrier’s liability to the value of the goods binding?

Answer 18

When the shipper or owner declares a greater value.

Article 1749

Question 19

Is a contract fixing the sum that may be recovered for the loss, destruction, or deterioration of the goods valid?

Answer 19

Yes, if it is reasonable and just under the circumstances and has been fairly and freely agreed upon.

Article 1750

Question 20

What is taken into consideration when determining if a stipulation limiting the common carrier’s liability is reasonable?

Answer 20

The fact that the common carrier has no competitor along the line or route.

Article 1751

Question 21

What is the presumption regarding the common carrier’s negligence in case of loss, destruction, or deterioration of goods?

Answer 21

The common carrier is disputably presumed to have been negligent.

Article 1752

Question 22

Which law governs the liability of the common carrier for the loss, destruction, or deterioration of goods?

Answer 22

The law of the country to which the goods are to be transported.

Article 1753

Question 23

To which baggage do the provisions of articles 1733 to 1753 apply?

Answer 23

To the passenger’s baggage which is not in his personal custody or in that of his employee.

Article 1754