Transportation Laws Flashcards
Explain the Doctrine of Last Clear Chance
It states that where both parties are negligent but the negligent act of one is appreciably later than that of the other, or where it is impossible to determine whose fault or negligence caused the loss, the one who had the last clear opportunity to avoid the loss but failed to do so is chargeable with the loss.
The doctrine is applicable only between two colliding vehicles because the action is based on tort or quasi-delict under Art. 2176 of the NCC. However, it is not a defense where a passenger sues the owner of the vehicle he is riding during the collision because the said action is based on contract.
What is a Bill of Lading?
It is a written acknowledgment of the receipt of goods and an agreement to transport and to deliver them at a specified place to a person named or on his or her order.
Explain the Three-Fold Character of a Bill of Lading.
A BOL operates as a:
1) Receipt for the goods shipped;
2) Contract;
3) Document of Title
What is the Doctrine of Limited Liability (Hypothecary Rule)?
The exclusively real and hypothecary nature of maritime law operates to limit the liability of the shipowner to the value of the vessel, earned freightage and proceeds of the insurance, if any.
What is a Paramount Clause?
A clause in a charter party providing that the COGSA shall apply, even though the transportation is domestic, subject to the extent that any term of the bill of lading is repugnant to the COGSA or applicable law, then to the extent thereof the provision of the BOL is void.
What is included in the average?
1) All extraordinary or accidental expenses which may be incurred during the voyage in order to preserve the vessel, the cargo, or both; and
2) Any damages or deterioration which the vessel may suffer from the time it puts to sea from the port of destination, and those suffered by the merchandise from the time they are loaded in the port of shipment until they are unloaded in the port of their consignment
What are the goods that are not covered by the general average even if they are sacrificed?
1) Goods carried on deck
2) Goods not recorded in the books or records of the vessel
3) Fuel for the vessel if there is more than sufficient fuel for the voyage
What are the zones of time in the collision of vessels?
1) First zone - all the time up to the moment when risk of collision begins.
2) Second zone - time between moment when risk of collission begins and moment it becomes a practical certainty.
3) Third zone - time when collision is certain and time of impact. It covers the period in which error in extremis occur.
What is an error in extremis?
The sudden movement made by a faultless vessel during the third zone of collision with another vessel which is at fault dunring the second zone. Even if such sudden movement is wrong, no responsibility will fall on said faultless vessel.
What is the Kabit System?
The kabit system is an arrangement whereby a person who has been granted a certificate of public convenience allows other persons who own motor vehicles to operate under such license, for a fee or percentage of such earnings.
Although the parties to such agreemetn are not outrightly penalized by law, the kabit system is invariably recognized as being contrary to public policy and therefore void and inexsitent under Art. 1409, NCC.
