Practice question
A common carrier's signed cargo form states that it need exercise no diligence and is never liable for any cargo loss. The shipper received a discount. The carrier says signature and discount alone make the clause valid under Article 1744. Which conclusion is best?
- The clause remains contrary to Article 1745's express prohibitions; signature and consideration alone do not satisfy the public-policy condition.
- Every signed clause automatically defeats the Code.
- Any discount authorizes a complete absence of care.
- Only the form's font size matters.
- The clause automatically transfers the carrier's license to the shipper.
Legal references
- Civil Code, RA 386, Articles 1733–1747, https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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