Professional Documents
Culture Documents
EOD extends even when temporarily unloaded or stored in transit UNLESS with right of stoppage in
1737
transitu
EOD extends to carrier's warehouse at the place of destination UNTIL consignee has been advised of
1738 the arrival of the goods + reasonable opportunity to remove or dispose them
Natural disaster (ND) or Public Enemy (PE) -> must be PROXIMATE and ONLY cause + due diligence
1739 (DD) to prevent/minimize loss before, during, or after ND/acts of PE
1
By Josiah Quising
TRANSPO - Codal Summary
Stipulations considered unreasonable, unjust, and contrary to public policy: (1) That the goods are
transported at the risk of the owner or shipper;
(2) That the common carrier will not be liable for any loss, destruction, or deterioration of the
goods;
(3) That the common carrier need not observe any diligence in the custody of the goods;
(4) That the common carrier shall exercise a degree of diligence less than that of a good father of a
family, or of a man of ordinary prudence in the vigilance over the movables transported;
1745 (5) That the common carrier shall not be responsible for the acts or omission of his or its employees;
(6) That the common carrier's liability for acts committed by thieves, or of robbers who do not act
with grave or irresistible threat, violence or force, is dispensed with or diminished;
(7) That the common carrier is not responsible for the loss, destruction, or deterioration of goods on
account of the defective condition of the car, vehicle, ship, airplane or other equipment used in the
contract of carriage.
Stipulation INVALID if CC will not carry goods if shipper/owner will not agree to the limitation of
1746
liability
Stipulation INEFFECTIVE/UNAVAILABLE to CC if -> without just cause CC delays, changes
1747
stipulated/usual route
1748 Stipulation limiting liability because of strikes/riots VALID
Liability limited by value in bill of lading UNLESS shipper/owner declares a greater value
1749
Fixed sum for liability VALID if (1) resonable and just under the circumstances; (2) fairly and freely
1750
agreed upon
Monopoly of line/route considered in determining if stipulation limiting liability is reasonably just
1751
and in consonance with public policy
1752 There is still a presumption of negligence even if liability is limited
1753 Choice of law -> Law of Destination will govern the liability
EOD applies to passenger's baggage if baggage is NOT in passenger's personal custody. OTHERWISE,
1754
ordinary diligence will apply (see Art. 1998, 2000-2003)
SAFETY OF PASSENGERS (SP)
1755 Diligence of CC in carrying passengers : EOD
1756 Presumption of negligence for death/injury ; defense = EOD
Limiting liability (dispensing or lessening by stipulation, posting of notices, statements on tickets) for
1757
SP NOT ALLOWED
Exception to above prohibition : if carried GRATUITOUSLY, a stipulation would be allowed (reduction
1758
of fare will NOT justify limitation)
2
By Josiah Quising
TRANSPO - Codal Summary
CC liable for acts of employees (even if the acted beyond the scope of their authority OR in violation
1759 of the orders of CC); diligence in the selection and supervision of employees NOT a defense