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Philippine Bar review · Question

Practice question: Under the Civil Code

Multiple Choice Medium

Practice question

A carrier takes an unjustified detour from the agreed route. Cargo is then destroyed, and the carrier invokes its agreed liability cap. Which rule applies?
  1. The cap necessarily survives every route change.
  2. Only the shipper's nationality determines whether the cap applies.
  3. A detour automatically transfers the cargo title.
  4. Article 1747 prevents reliance on the limiting contract in case of the cargo loss.
  5. The cap doubles instead of becoming unavailable.

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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