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