Philippine Bar review · Question

Practice question: Defenses Available to a Common Carrier

Multiple Choice Hard

Practice question

A shipper’s careless act contributes to cargo loss, but the carrier’s negligence is stipulated to be the proximate cause. The carrier seeks complete exoneration solely from the shipper’s contribution. Which is correct?
  1. Any contribution bars recovery completely
  2. The carrier’s negligence becomes legally irrelevant
  3. Article 1741 keeps the carrier liable but provides equitable reduction of damages
  4. All damages must automatically be doubled
  5. Only the shipper’s insurance determines liability

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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