Professional Documents
Culture Documents
ARTICLE 1740. If the common carrier (2) That the common carrier will not be
negligently incurs in delay in transporting liable for any loss, destruction, or
the goods, a natural disaster shall not free deterioration of the goods;
such carrier from responsibility.
(3) That the common carrier need not
ARTICLE 1741. If the shipper or owner observe any diligence in the custody of the
merely contributed to the loss, destruction goods;
or deterioration of the goods, the
proximate cause thereof being the (4) That the common carrier shall exercise
negligence of the common carrier, the a degree of diligence less than that of a
latter shall be liable in damages, which good father of a family, or of a man of
however, shall be equitably reduced. ordinary prudence in the vigilance over the
movables transported;
ARTICLE 1742. Even if the loss,
destruction, or deterioration of the goods (5) That the common carrier shall not be
should be caused by the character of the responsible for the acts or omission of his
goods, or the faulty nature of the packing or its employees;
or of the containers, the common carrier
must exercise due diligence to forestall or (6) That the common carrier's liability for
lessen the loss. acts committed by thieves, or of robbers
who do not act with grave or irresistible
ARTICLE 1743. If through the order of threat, violence or force, is dispensed with
public authority the goods are seized or or diminished;
destroyed, the common carrier is not
responsible, provided said public authority (7) That the common carrier is not
had power to issue the order. responsible for the loss, destruction, or
deterioration of goods on account of the
ARTICLE 1744. A stipulation between the defective condition of the car, vehicle, ship,
common carrier and the shipper or owner airplane or other equipment used in the
limiting the liability of the former for the contract of carriage.
loss, destruction, or deterioration of the
goods to a degree less than extraordinary ARTICLE 1746. An agreement limiting the
diligence shall be valid, provided it be: common carrier's liability may be annulled
by the shipper or owner if the common
(1) In writing, signed by the shipper or carrier refused to carry the goods unless
owner; the former agreed to such stipulation.
ARTICLE 1752. Even when there is an The reduction of fare does not justify any
agreement limiting the liability of the limitation of the common carrier's liability.
common carrier in the vigilance over the
goods, the common carrier is disputably ARTICLE 1759. Common carriers are liable
presumed to have been negligent in case of for the death of or injuries to passengers
their loss, destruction or deterioration. through the negligence or wilful acts of the
former's employees, although such
ARTICLE 1753. The law of the country to employees may have acted beyond the
which the goods are to be transported shall scope of their authority or in violation of the
govern the liability of the common carrier orders of the common carriers.
for their loss, destruction or deterioration.
This liability of the common carriers does
ARTICLE 1754. The provisions of articles not cease upon proof that they exercised
1733 to 1753 shall apply to the passenger's all the diligence of a good father of a family
baggage which is not in his personal in the selection and supervision of their
custody or in that of his employee. As to employees.
other baggage, the rules in articles 1998
and 2000 to 2003 concerning the ARTICLE 1760. The common carrier's
responsibility of hotel-keepers shall be responsibility prescribed in the preceding
applicable. article cannot be eliminated or limited by
stipulation, by the posting of notices, by
SUBSECTION 3 statements on the tickets or otherwise.
Safety of Passengers
ARTICLE 1761. The passenger must
ARTICLE 1755. A common carrier is bound observe the diligence of a good father of a
to carry the passengers safely as far as family to avoid injury to himself.
human care and foresight can provide,
using the utmost diligence of very cautious
ARTICLE 1762. The contributory
negligence of the passenger does not bar
recovery of damages for his death or
injuries, if the proximate cause thereof is
the negligence of the common carrier, but
the amount of damages shall be equitably
reduced.
SUBSECTION 4
Common Provisions