Obligation Of The Common Carriers (Goods) Flashcards
Degree of care over the goods? (Art. 1733)
Common carriers, from the nature of their business and for reason of PUBLIC POLICY, are bound to observe extraordinary diligence in the vigilance e over the goods… according to all the circumstance of each case…
Presumption of Negligence wrt good (Art. 1735)
If the goods are lost, destroyed or deteriorated, common carriers are presumed to have been at fault or to have acted negligently, UNLESS they prove that they observe extraordinary diligence.
Exception to the presumptions of negligence (Art.1734 and 1735)
(a) Flood, storm, earthquake, lightning or other natural disaster or calamity;
(b) Act of the public enemy in war, whether international or civil;
(c) Act or omissions of the shipper or owner of the goods;
(d) The character of the goods or defects in the packing or in the containers;
(e) Order of an act of competent public authority.
Duration of the liability/responsibility? (Art. 1736 and 1738)
The extraordinary responsibility of the common carriers lasts FROM the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation UNTIL the same are delivered, actually o constructively, by the carrier of the consignee, or to the person who has a right to receive them, without prejudice to the provision of Art. 1738
… it continues to be operative even during the time the goods are stored in a warehouse of the carrier at the place of destination, UNTIL the consignee had been advised of the arrival of the goods AND has had reasonable opportunity thereafter to remove them or otherwise dispose of them.
During a fortuitous event or attack of a public enemy, what circumstance must be attendant to exempt the common carrier from liability? (Art. 1739)
In order that the common carrier may be exempted from responsibility:
(a) the natural disaster must have been the proximate and only cause of the loss;
(b) However the common carrier must exercise due diligence to prevent or minimize loss before, during, and after the occurence of the flood, storm, or other natural disaster…
In order that the common carrier may be exempted from liability for the loss, destruction, or deterioration of the goods.
Improper packing (Art. 1742)
Even if the loss, destruction, or deterioration of the goods should be caused by the character of the goods or the faulty nature of the packing or of the containers, the common carrier must exercise due diligence to forestall or lessen the loss.
Order by public authority (Art. 1743)
If though order of public authority the goods are seizd or destroyed, the common carrier is NOT responsible PROVIDED said public authority had power to issue the order.
What is the effect of contributory negligence of the shipper? (Art.1741)
If the shipper or owner merely contributed to the loss, destruction, or deterioration of the goods, the proximate cause thereof being the negligence of the common carrier, the latter shall be liable in damages, which however, shall be equitably reduced.
What are the requisites for a stipulation between common carrier and shipper or owner limiting the liability of the former? (Art. 1744)
(a) In writing, signed by the shipper or owner;
(b) Supported by a valuable consideration other than the service rendered by the common carrier;
(c) Reasonable, just and not contrary to public policy.
What stipulations are considered UNREASONABLE, UNJUST AND CONTRARY TO PUBLIC POLICY? (Art. 1745)
(a) That the goods are transported at the risk of the owner or shipper;
(b) That the common carrier will not be liable for any loss, destruction, or deterioration of the goods;
(c) That the common carrier need not observe any diligence in the custody of the goods;
(d) That the common carrier shall exercise a degree of diligence less than that of a good father of a family, or a man of ordinary prudence in the vigilance over the movable transported;
(e) That the common carrier shall not be responsible for the acts or omissions of his or its employees;
(f) That the common carrier’s liability for acts committed by thieves, or robbers who do not WITH GRAVE OR IRRESISTIBLE THREAT, VIOLENCE, FORCE is dispensed with or diminished.
(g) That 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, airpane or other equipment used in the contract of carriage.
What is the effect of delay to stipulations limiting the liability of common carrier? (Art. 1747)
If the common carrier, without just cause, delays the transportation of the goods or changes the stipulated or usual route, the contract limiting the common carrier’s liability cannot be availed of in case of the loss, destruction, or deterioration of the goods.
What is the effect of a stipulation limiting the liability of the common carrier to the presumption? (art. 1752)
Even when there is an agreement limiting the liability of the common carrier in the vigilance over the goods, the common carrier is disputably presumed to have been negligent in the case of their loss, detruction or deterioration.
What is the rule on the common carriers’ DUTY TO ACCEPT?
Common carriers cannot lawfully decline to accept particular class of goods for carriage, to the prejudice of the traffic of those goods UNLESS it appears that for some sufficient reason the discrimination against the traffic of such goods is reasonable and necessary.
Sec. 16 of RA 9295, makes it illegal for domestic ship operators to refuse to accept or carry passengers or cargo without just cause.
Grounds for non-acceptance?
(a) Goods sought to be transported are dangerous;
(b) Goods are unfit for transportation;
(c) Acceptance would result to overloading;
(d) Goods are considered contrabands or illegal;
(e) Goods are injurious to health;
(f) Goods will be exposed to untoward danger like floods, capture by enemies and the like;
(g) Goods like livestocks will be exposed to diseases;
(h) strike;
(i) failure to tender goods on time.
Perfection of a Contract of Carriage of Goods; Ganzon v. CA
When there is no showing of any condition, qualification, or restriction accompanying the delivery by the shipper of he goods or the receipt of the same by the carrier. The act of delivery, put the goods unconditionally in the possession and control of the common carrier, and upon their receipt by the carrier for transportation, the contract is deemed perfected.
