Philippine Bar review · Question

Practice question: Extraordinary Diligence

Multiple Choice Hard

Practice question

A passenger pays a promotional fare at half price. The carrier claims that because the fare is discounted it may invoke a negligence disclaimer that would otherwise be invalid for paid carriage. No gratuitous-carriage issue exists. Which is correct?
  1. Every discount makes carriage gratuitous
  2. The carrier may choose any care level after discounting
  3. Article 1758 expressly denies fare reduction as justification for liability limitation.
  4. The ticket automatically becomes an asset-sale contract
  5. Only full-fare passengers are protected from employee misconduct

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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