Practice question
A flood is proved to be the proximate and only cause of cargo loss. The carrier claims that this finding makes all evidence of precautions before, during, and after the flood irrelevant. Which is correct?
- Causation alone always suffices
- Article 1739 also requires due diligence to prevent or minimize loss before, during, and after the disaster
- Only precautions after suit begins matter
- A carrier never has mitigation duties
- Any weather forecast is an automatic waiver by the shipper
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Articles 1734, 1735, 1739–1743 and 1762
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