Practice question
A carrier has an otherwise valid cargo-liability limitation. Goods are lost, and the carrier argues the agreement eliminates even Article 1752’s disputable negligence presumption. Which is correct?
- Every limitation conclusively proves diligence
- Any fixed sum abolishes causation law
- The carrier need never present any evidence
- Article 1752 preserves the disputable negligence presumption despite an agreement limiting vigilance-related liability.
- The shipper automatically admits fault by signing
Legal references
- Civil Code, Articles 1732-1733, 1745-1754 and 1758-1763: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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