Practice question
A free passenger signed a clause limiting liability for ordinary negligence. The proved injury instead resulted from gross negligence. May that clause protect the carrier from the gross-negligence claim?
- Yes; free carriage permits every waiver.
- Yes; a signature changes gross negligence into ordinary negligence.
- Yes; gross negligence is exempt whenever the ticket is free.
- No; because all free-carriage clauses are necessarily invalid.
- No; Article 1758 excludes gross negligence from the permitted limitation.
Legal references
- Civil Code, Articles 1741, 1743, 1745-1747 and 1758-1761: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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