Common Carriers and Vigilance over Goods
- What is a common carrier?
- What could “public” mean?
- Is ownership of the vehicle required for a person to be considered a common carrier?
- What is the best test to determine whether a person is a common carrier?
- Are school buses considered common carriers?
- Are travel agencies considered common carriers?
- What are private carriers?
- Main distinctions between private and common carriers?
- When may a common carrier be converted to a private carrier by stipulation?
- What is a bareboat or demise charter?
- What governs rights and obligations of carriers?
- What are Transportation Network Companies (TNCs)?
- Are TNCs considered common carriers?
- How should common carriers transport goods or passengers?
- Which carrier can exempt itself from liability due to negligence of its employees?
- Is a Certificate of Public Convenience required for a person to be held liable under provisions on Common Carriers?
- When is negligence on the part of common carriers presumed?
- How can a common carrier escape from liability?
- Who is liable in case of breach of Conditions of Carriage: Operator/owner/carrier or driver or both?
- What is quasi-delict?
- Are common carriers liable even if they exercised ordinary diligence and care?
- Is the presumption of negligence limited only to death or injury to passengers?
- What is the quantum of evidence required to prove failure of exercising extraordinary diligence?
- When does the extraordinary responsibility of a common carrier begin and end?
- Is the mere issuance of a bill of lading sufficient to bind the carrier?
- When is a bus company liable for the loss of luggage?
- Proof of delivery in good condition must be paired with what to establish prima facie case of negligence against the carrier?
- When is the obligation of the carrier reduced to ordinary diligence?
- What are exempting causes/defenses available for the carrier in case of loss, damage, or destruction of the goods?
- How can a carrier be absolved from liability arising from force majeure?
- When is the carrier absolutely liable in case of loss, damage, or destruction caused by natural disaster?
- Can a common carrier stipulate the degree of vigilance to less than extraordinary diligence?
- Examples of stipulations contrary to public policy?
- What shall be considered in determining the stipulation limiting the carrier’s liability?
- In foreign shippings, what law shall govern in case there is loss, damage, or destruction?
- Are passengers bound by the venue stipulations in the ticket?
- Is a stipulation limiting the liability of the carrier to a fixed amount valid?
- What if the shipper did not disclose the true value of his goods, what is the limit of the carrier’s liability as to the value of the goods?
- What is the liability of common carriers for baggage of passengers?
- What rule governs in case of loss of hand-carried baggage?
- What is the basic rule on necessary deposits?
(3) Transpo Law Review: Safety of Passengers & Bill of Lading
- How should a common carrier carry a passenger?
- What is the presumption in case of death or injury to passengers?
- What is the extent of the liability of a common carrier (CC) in case of death or injury of passengers?
- How can a CC overcome such presumption?
- Can a CC invoke the “doctrine of last clear chance” of another colliding vehicle if a passenger demands because CC breached its contractual obligation?
- In case of colliding vehicles, who is liable towards the injured passenger?
- When does the obligation to the passenger commence and end?
- Instances where passengers are still in the CC’s premises.
- Train’s conductor has prematurely announced the next stop, the passengers stood up, but the train suddenly jerked. The passenger fell from the train and died. Is the Train liable?
- What can be a possible stipulation if a passenger is carried gratuitously?
- Are common carriers still liable if the employees acted beyond the scope of their authority?
- What is the basis of the liability of common carriers for injuries of passengers committed by its employees?
- Does the liability of a CC cease if it presents proof that it exercised ordinary diligence in the selection and supervision of such employees?
- What acts do not eliminate or limit the extraordinary diligence requirement imposed upon common carriers?
- What is required of the passenger in relation to injury?
- What is the effect of contributory negligence (CN) of the passenger?
- Examples of contributory negligence.
- When will a common carrier be liable for the acts or negligence of other passengers or of strangers?
- When should a CC not be held liable for acts of strangers or other passengers?
- Passenger argued that the injury could have been prevented if the CC installed mesh on the windows. Is this tenable?
- What are “events”/characteristics of a fortuitous event?
- Events not considered as fortuitous.
- What is a Bill of Lading?
- Three characteristics of a Bill of Lading (BOL).
- What if the BOL is accepted without any objection?
- If a shipper changes the consignee of the goods, what should be done so that the carrier will comply with the shipment?
- When should a shipment be delivered?
- When does a contract of carriage consummate? Is the bill of lading required?
- How can an action based on contract of carriage (CoC) be commenced?
- If a consignee is not a signatory to the CoC, is he still bound by it?
- What will discharge the CC from its obligation?
- If the goods are received in damaged condition, what are the remedies of the consignee?
- What is the period of filing claims? How? Why such limited notice?
- What if notice was not complied with?
- When is there substantial compliance with the notice requirement? (notice was filed beyond what the law said)
- What is the prescriptive period for filing actions?
English