Philippine Bar review · Question

Practice question: Defenses Available to a Common Carrier

Multiple Choice Medium

Practice question

The carrier refuses to transport cargo unless the shipper accepts a liability-limiting agreement. The shipper later seeks the remedy expressly supplied by Article 1746. Which is correct?
  1. Every forced condition is permanently immune
  2. The shipper or owner may seek annulment under the stated provision.
  3. Only the carrier may question the agreement
  4. The bill of lading becomes a national statute
  5. The shipper must necessarily abandon every claim

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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