Prelim Exam Coverage Flashcards
(19 cards)
What is a contract of transportation?
There is a contract of transportation when a person obligates himself to transport persons or property from one place to another for a consideration.
When is there perfection in a contract of carriage in an aircraft?
Even if no tickets are issued, there is a perfected contract as long as there is a meeting of minds with respect to the subject matter and the consideration.
When is there perfection in a contract of carriage in a bus or jeepney?
Once a public utility vehicle stops, it is in effect of making a continuous offer to bus riders. It follows that the passenger is deemed to be accepting the offer if he is already attempting to board the vehicle and the contract of carriage is perfected from that point.
When is there a perfection of contract in a contract of carriage in trains?
Such person must have a (1) bona fide intention to use the facilities of the carrier, (2) possess sufficient fare to pay for his passage, and (3) present himself to the carrier for transportation in the place and manner provided. Otherwise, he will not be considered a passenger.
What is the rule with regards to contract of carriage?
Considered a a real contract, for not until the facilities of the carrier are actually used can the carrier be said to have already assumed the obligation of the carrier.
What is the rule with regards to the perfection of a contract of carriage of goods?
There may be a consensual contract to carry goods whereby the carrier agrees to accept and transport goods at some future date. However, by the act of delivery of the goods, that is, “when the goods are unconditionally placed in the possession and control of the carrier, and upon their receipt by the carrier for transportation, the contract of carriage is perfected”.
What is a common carrier?
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. One who holds itself out as ready to engage in the transportation of goods for hire as a public employment and not as a casual occupation.
What is the diligence required of common carriers?
Common carriers, from the nature of their business and for reasons of public policy, 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.
What are the four tests for determining whether a party is a common carrier of goods?
- He must be engaged in the business of carrying goods for others as a public employment, and must hold himself out as ready to engage in the transportation of goods for person generally as a business and not as a casual occupation.
- He must undertake to carry goods of the kind to which his business is confined.
- He must undertake to carry by the method by which his business is conducted and over his established roads.
- The transportation must be for hire.
In relation to Article 1732 and “public service”, what are the rules that are applied?
- There is no distinction between whose principal business activity is the carrying of persons or goods or both, and one who does such carrying only as an ancillary activity or sideline.
- There is no distinction between a person or enterprise offering transportation service on a regular or scheduled basis and one offering such service on an occasional, episodic, or unscheduled basis.
- There is no distinction between a carrier offering its services to the general public, and one who offers services only from a narrow segment of the general population.
- A person or entity is a common carrier and has the obligations of the common carrier under the Civil Code even if he did not secure a Certificate of Public Convenience.
- Does not matter if the means of transportation is land, water, or air.
- A person or entity may be a common carrier even if he has no fixed and publicly known route, maintains no terminals, and issues no tickets.
- A person or entity need not be engaged in the business of public transportation for the provisions of the Civil Code on common carriers to apply to them.
What is a public service?
Public service covers any person who owns, operates, manages, or controls in the Philippines, for hire or compensation,with general or limited clientele, whether permanent, occasional or accidental, anddone for general business purposes,any common carrier.
What is the rule regarding reasonable time given to a carrier in delivering the goods?
General rule, a carrier is not an insurer against delay. Exception if there is an express contract to deliver within a specified time.
What is the rule with regards to the duration of the common carrier’s responsibility in delivering the goods?
The goods are deemed delivered to the carrier when the goods are ready for and have been placed in the exclusive possession, custody, and control of the carrier for the purpose of their immediate transportation and the carrier has accepted them.
Is the contributory negligence of the shipper a defense for the common carrier?
Contributory negligence on the part of the shipper is not a defense that will excuse the carrier from liability. It will only mitigate such liability.
Is the contributory negligence on the part of the passenger a defense for the common carrier?
Passengers are likewise bound to observe due diligence to avoid injury. It does not excuse the carrier from liability, it merely mitigates it.
What is the rule with regards to the liability of common carriers in the delivery of goods?
Common carriers are bound to observe extraordinary diligence in the vigilance over the goods transported by them.They are presumed to have been at fault or to have acted negligently if the goods are lost, destroyed or deteriorated.To overcome the presumption of negligence in the case of loss, destruction or deterioration of the goods, the common carrier must prove that it exercised extraordinary diligence.
What are the exceptions in the liability of common carriers in the delivery of goods?
Exceptions under Article 1734 of the Civil Code:
1. Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes only:
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 omission 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 or act of competent public authority
What is the rule with regards to the stipulation of reducing liability both in the delivery of goods and passengers?
A stipulation for a common carrier in the delivery of goods to exercise diligence less than extraordinary diligence is valid.
However, a common carrier in the delivery of passengers, it cannot stipulate that it will exercise no diligence or less diligence. Even if gratuitous passengers, still extraordinary diligence, but can stipulate limiting the common carrier’s liability but not for willful acts or gross negligence.
Until when does the liability of a common carrier in the delivery of goods subsist?
A carrier may be relieved from the responsibility for loss or damage to the goods upon actual or constructive delivery of the same by the carrier to the consignee or to the person who has the right to receive them. There is actual delivery in contracts for the transport of goods when possession has been turned over to the consignee or to his duly authorized agent and a reasonable time is given him to remove the goods.
