Practice question
A cargo's defective packing causes deterioration. The common carrier argues that the packing defect excuses any effort to forestall or lessen loss. How does Article 1742 respond?
- It abolishes every carrier duty whenever packing is defective.
- It automatically makes the carrier an insurer without any legal defense.
- It applies only to passengers.
- The carrier must still exercise due diligence to forestall or lessen the loss even in the stated packing-defect situation.
- It requires the carrier to ignore visible deterioration.
Legal references
- Civil Code, RA 386, Articles 1733–1747, https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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