Philippine Bar review · Question

Practice question: Defenses Available to a Common Carrier

Multiple Choice Medium

Practice question

Goods deteriorate partly because of faulty packing. The carrier notices the problem but takes no reasonable steps to forestall avoidable loss. Which is best under Article 1742?
  1. Packing defects always erase every duty
  2. Only the shipper ever owes care
  3. The carrier may intentionally worsen the loss
  4. The carrier need not respond once it sees a defect
  5. Even with faulty packing, the carrier must exercise due diligence to forestall or lessen loss

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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