Practice question
A carrier has a written liability limit supported by a freight discount. It then delays shipment without just cause, and the cargo deteriorates. It argues that the discount makes the limit immune from Article 1747. Resolve.
- The unjustified transportation delay prevents reliance on the limiting contract.
- The discount overrides Article 1747.
- Any signed limitation excuses all later misconduct.
- Deterioration falls outside the statutory rule.
- The shipper must prove a route change as well as delay.
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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