Practice question
A common carrier relies on a bare statement that cargo damage was unavoidable, while the foundational facts for Article 1735 are proved and no Article 1734 exception is established. Is the bare label enough to rebut the presumption?
- Yes, saying unavoidable is conclusive
- No; the required statutory defense must be supported by evidence
- Yes, the presumption is rebutted by silence
- Yes, cargo insurance automatically proves diligence
- Yes, every carrier accident is a fortuitous event
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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