Practice question
A common carrier rebuts a passenger-injury claim by proving only careful selection of its driver. The passenger invokes Article 1756 and the established carriage injury. Does selection evidence alone necessarily discharge the carrier’s required showing?
- No; the carrier must satisfy the applicable extraordinary-diligence inquiry
- Yes, careful selection conclusively answers every contractual carriage duty
- Yes, the passenger must prove a crime first
- Yes, driver selection transfers the carriage contract to the passenger
- Yes, a common-carrier license eliminates presumptions
Legal references
- Civil Code, Articles 1735, 1755-1756, 2176, 2179, 2184-2185 and 2214: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
Answer this question in flashcards to review your response and continue practicing.