Transportation Law 2024

Question 1

sadCommon Carriers

What is the diligence required?

Answer 1

CC for public policy are bound to observe Extraordinary Diligence:
a) in the vigilance over the goods and
b) for the safety of the passengers transported by them

Question 2

Vigilance over goods

1.9
What are the exempting causes?

Answer 2

1) Acts of God - flood, storm, earthquake

2) Act of public enemy in war

3) Act of omission of the Shipper/Owner of the goods

4) Defects in the Packing or due to character of the goods

5) Order of a competent public authority

Question 3

Vigilance over goods

2.9
Requirement of Absence of Negligence
State the rule.

Answer 3

Under the Act of God doctrine, the event which exempt liability must be occasioned SOLELY by the violence of nature.

Hence if there is negligence, there will be no exemption from liability.

Question 4

Vigilance over goods

3.9
Absence of Delay
What is the rule?

Answer 4

If the CC Negligently incurs a delay in the transport of goods, a natural disaster shall not exempt carrier from responsibility

Question 5

Vigilance over goods

4.9
Contributory Negligence
State the rule.

Answer 5

If the owner(shipper) MERELY CONTRIBUTED to the loss 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.

Question 6

Vigilance over goods

5.9
Duration of Liability
a) What is the rule?
b) Application of this rule. Explain

Answer 6

The responsibility to observe EOD lasts from the time the goods are UNCONDITIONALLY PLACED in the possession of the CC until the same are DELIVERED to the person who has right to receive them

Once delivered, responsibility ceased to exists

Question 7

Vigilance over goods

6.9
Temporary Unloading or Storage
State the rule.

Answer 7

Duty to observe EOD remains in full force when they are temporarily unloaded or stored IN TRANSIT.
Exception: if the shipper owner availed of the right of stoppage in transitu (eg. the owner found that the buyer is insolvent unable to pay debt, so owner shipper Stopped the delivery of these goods while in transit)

Question 8

Vigilance over goods

7.9
Void Stipulations
What is the rule?

Question 9

Vigilance over goods

8.9
Limitation of Liability to Fixed Amount
State the rule.

Question 10

Vigilance over goods

9.9
Validity of Limitation of Liability in the absence of Declaration of Greater Value
What is the rule?

Question 11

Safety of Passengers

1.5
Void Stipulation
What is the rule?

Question 12

Safety of Passengers

2.5
Duration of Liability
a) Upon boarding of Carrier - state the rule
b) Arrival at Destination - state the rule

Question 13

Safety of Passengers

3.5
Liability for Acts of Others
a) Acts of Employees
b) Acts of Other Passengers and Strangers

Question 14

Safety of Passengers

4.5
Extent of Liability for Damages - state the rule & exception

Question 15

Safety of Passengers

5.5
Contributory Negligence of the passenger - effect?

Question 16

Bill of Lading

1.8
Explain the concept

Question 17

Bill of Lading

2.8
Discuss its Three-Fold Character

Question 18

Bill of Lading

3.8
What is its legal consequence

Question 19

Bill of Lading

4.8
Period for delivery of goods - state the rule

Question 20

Bill of Lading

5.8
Delivery without surrender of BOL
Rule & Exceptions

Question 21

Bill of Lading

6.8
Refusal of consignee to Take Delivery - when valid

Question 22

Bill of Lading

7.8
Period for Filing claims - rule

Question 23

Bill of Lading

8.8
Effects of stipulations in the BOL

Question 24

Maritime Commerce

1.12
Bareboat (aka Demise Charter)
a) Nature
b) Legal consequence

Question 25

Maritime Commerce

2.12
Time charter
a) Nature
b) Legal Consequence

Question 26

Maritime Commerce

2.12
Voyage (aka Trip charter)
a) Nature
b) Legal Consequence

Question 27

Maritime Commerce

3.12
Liability of shipowners

Question 28

Maritime Commerce

4.12
Exceptions to the Doctrine of Limited Liability (5)

Question 29

Maritime Commerce

5.1
Liability for Acts of the Captain

Question 30

Maritime Commerce

6.12
General Avarage
a) Concept
b) Legal Consequence

Question 31

Maritime Commerce

7.12
Distinguish Collisions vs Allisions

What is the rule in case of Collision?

Question 32

Maritime Commerce

8.12
What is the rule in case of Collision?

Question 33

Maritime Commerce

9.12
COGSA - carriage of goods by Sea Act
- applied when?

Question 34

Maritime Commerce

10.12
COGSA - carriage of goods by Sea Act
Notice of Loss or Damage - state the rule

Question 35

Maritime Commerce

11.12
COGSA - carriage of goods by Sea Act
Period of Prescription

Question 36

Maritime Commerce

12.12
COGSA - carriage of goods by Sea Act
Limitation of Liability

Question 37

Public Service Act

1.7
What is a public utility?

Question 38

Public Service Act

2.7
Certificate of Public Convenience

Question 39

Public Service Act

3.7
What are the requirements for a Certificate of Public Convenience?

Question 40

Public Service Act

4.7
What is the Prior Operator Rule? GR & Exceptions

Question 41

Public Service Act

5.7
Ruinous Competition
a) General Rule
b) Application

Question 42

Public Service Act

6.7
Boundary system
a) Concept
b) Application

Question 43

Public Service Act

7.7
Kabit system
a) Concept
b) Application

Question 44

Warsaw Convention

1.3
Applicability

Question 45

Warsaw Convention

2.3
Limitation of Liability

Question 46

Warsaw Convention

3.3
Willful Misconduct