Practice question
A claimant proves only that goods were damaged before delivery to the carrier. The claimant relies exclusively on Article 1735 as if the carrier’s custody and contractual undertaking were irrelevant. Is that sufficient?
- Yes, the presumption creates custody retrospectively
- Yes, any damaged goods establish carrier negligence
- Yes, every nearby truck is liable
- Yes, ownership of goods alone proves a transport contract
- No; the facts supporting application of the carrier presumption must be established
Legal references
- Civil Code, Articles 1735, 1755-1756, 2176, 2179, 2184-2185 and 2214: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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