A. Discuss the three-fold character of a bill of lading. (3%)
B. What is a “Jason clause” in a charter party? (2%)
C. Are common carriers liable for injuries to passengers even if they have observed ordinary diligence and care? Explain. (2%)
Suggested answer only. Not an official answer and not legal advice.
For Question A, a bill of lading is a receipt, a contract, and a title document. For Question B, a Jason clause lets shipowners claim general average contribution despite faulty navigation. For Question C, common carriers are liable despite ordinary care.
Under Article 1755 of the Civil Code and jurisprudence, a bill of lading serves three functions. A Jason clause allows general average recovery if due diligence ensured seaworthiness. Common carriers must exercise extraordinary diligence for passenger safety.
Here, a bill of lading binds parties in three legal roles. A Jason clause enforces general average contributions when seaworthiness exists. Ordinary care fails to meet the required utmost diligence.
Therefore, a bill of lading is three-fold, a Jason clause allows general average recovery, and carriers require extraordinary diligence.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What are the three distinct legal characters of a bill of lading under Philippine commercial law?
A bill of lading functions as a receipt, a contract of carriage, and a document of title.
What is the primary purpose of a 'Jason clause' in a charter party agreement?
A Jason clause permits shipowners to claim general average contributions if due diligence was exercised to ensure seaworthiness.
What degree of diligence is legally required of common carriers for the safety of passengers under Article 1755 of the Civil Code?
Article 1755 requires common carriers to observe extraordinary diligence using the utmost care of very cautious persons.
Is a common carrier liable for passenger injuries if it observed only ordinary diligence?
A common carrier remains liable because observing mere ordinary diligence fails to meet the required statutory standard of extraordinary care.
Which primary statute governs common carrier liabilities, passenger safety, and extraordinary diligence in the Philippines?
Republic Act Number 386 is the Civil Code of the Philippines governing common carriers and extraordinary diligence.
Learn more about these topics
1. Bill of Lading
Under Philippine maritime law and commercial jurisprudence, a bill of lading exhibits a three-fold character: it serves as a receipt for the goods shipped, a contract of carriage between the shipper and the carrier, and a document of title transferring constructive possession or ownership of the merchandise. As a contract, its terms bind the shipper and carrier upon acceptance. As a document of title, its negotiation or transfer conveys title over the goods described therein to the lawful holder.
2. Jason Clause Function
Under maritime law and charter party practice, a Jason clause is a contractual provision in a charter party or bill of lading that entitles the shipowner to claim general average contributions from cargo owners even when the general average loss or damage resulted from the master's or crew's negligence or faulty navigation. To enforce a Jason clause, the shipowner must prove that due diligence was exercised before and at the commencement of the voyage to make the vessel seaworthy in all respects.
3. Extraordinary Diligence Standard
Under Article 1755 of the Civil Code of the Philippines, a common carrier is bound to carry passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances. Consequently, a common carrier remains liable for passenger injuries even if it observed ordinary diligence and care. Observing mere ordinary care does not satisfy the statutory mandate of extraordinary diligence required of common carriers in passenger transportation.