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Philippine Bar review · Question

Practice question: Defenses Available to a Common Carrier

Multiple Choice Medium

Practice question

Cargo loss occurs in a storm after the carrier negligently delays transportation. The carrier invokes natural disaster as an automatic defense. Which is correct?
  1. Article 1740 says negligent delay prevents that disaster from freeing the carrier
  2. Every storm automatically excuses delay
  3. Delay never matters
  4. Only the cargo’s color matters
  5. The carrier always wins if rain occurs

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Articles 1734, 1735, 1739–1743 and 1762

Answer this question in flashcards to review your response and continue practicing.