Philippine Bar review · Topic
Defenses Available to a Common Carrier
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- Under Article 1748, may an agreement limit liability for delay on account of strikes or riots?
- A carrier without just cause changes the stipulated cargo route. The goods are lost, and the carrier invokes a contract…
- The carrier refuses to transport cargo unless the shipper accepts a liability-limiting agreement. The shipper later see…
- Cargo is stolen without grave or irresistible threat, violence or force. A carrier relies on a clause eliminating liabi…
- A carrier has an otherwise valid cargo-liability limitation. Goods are lost, and the carrier argues the agreement elimi…
- A carrier unjustifiably changes the stipulated cargo route and invokes a liability-limiting contract after loss. Explai…
- Distinguish an otherwise valid cargo-liability limitation from elimination of Article 1752’s negligence presumption.
- State Article 1750’s conditions for a contract fixing recoverable cargo-loss sums and Article 1746’s remedy where carri…