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1. Which of the following is the true test whether a party is a common carrier?

a. Observance of extraordinary diligence


b. An insurer against the risk of travel
c. By reason of public policy
d. It has space for all who opt to avail of its transportation for a fee
e. Exercise of a diligence of a good father of a family

2. Public utilities can be operated by:


a. 100% foreign corporation
b. 60% foreign corporation
c. 40% foreign corporation
d. Reserved to Filipino citizens only
e. None of the above

3. The extraordinary diligence of the common carrier may be reduced to ordinary


diligence by:
a. Written stipulation
b. Lower fare or freightage
c. Stoppage in transit
d. Account of strikes or riots
e. Contributory negligence

4. Due diligence in the selection and supervision of employees is a complete defense


in:
a. Culpa contractual
b. Culpa criminal
c. Culpa aquiliana
d. Negotiorum gestio
e. Solutio indebiti

5. In what case or cases may the common carrier be exempted from liability?
a. Observance of extraordinary diligence
b. Fortuitious event
c. Proximate cause of injury is the negligence of the passenger by committing
suicide
d. Hijacking
e. All of the above

6. Common carrier is not an insurer against all risks of tavel because:


a. Public policy requires extraordinary diligence of common carrier
b. Common carrier will be liable even if they exercise extraordinary diligence
c. The liability f common carrier is founded on negligence
d. The passenger must observe due diligence to avoid injury to himself

7. The carrier and passenger relationship ceases when:


a. The passenger alights from the carrier’s vehicle at the place designated by
the passenger
b. The passenger alights from the carrier vehicle at the place selected by the
carrier at the point of destination
c. After 12 hours from the time the passenger alighted from the carrier
d. Until the passenger has had a reasonable opportunity to leave the
carrier’s premises

8. The common carrier is liable to its passengers for damages caused by mechanical
defects of the conveyance since:
a. It is not considered a fortuitous event
b. The passenger has no choice or control over the selection and use of
carrier’s equipment
c. Common carrier can go after the manufacturer of defective equipment due
to breach of warranty
d. Failure of the common carrier to thoroughly inspect their vehicle

9. Fire can be considered fortuitous event if caused by:


a. Bomb lobbed by an enemy in civil war
b. Failure of the shipper to declare that his shipment has bulk of firecracker
material
c. Undeclared defect in the containers containing combustible articles
d. Earthquake causing explosion of high tension electrical wires

10. Under the Civil Code, the amount of damages for the death due to breach of
contract bby a common carrier shall at least be:
a. P3,000.00
b. P6,000.00
c. P12,000.00
d. P50,000.00

11. Which of the following damages may not be recovered by the heirs of the deceased
in case of death by virtue of breach of contract of carriage?
a. Moral damages
b. Loss of earning capacity
c. Support of minors
d. Attorney’s fees

12. Compensation for salvage, as viewed by admiralty courts, is based on:


a. Payment on the principle of quantum meruit
b. Remuneration pro opera et labore
c. Incentive to mariners to embark on dangerous business
d. Equal pay for equal work principle

13. The interest of the salvor in salvaged property is:


a. Ship itself
b. Compensation
c. Lien
d. Service rendered

14. The formula to determine life expectancy in computing loss of earning capacity of
a deceased victim is based on:
a. Statistical table of mortality
b. Actuarial table of mortality
c. Combined experience table of mortality
d. American peoples encyclopedia

15. The doctrine of _________________ is applicable in actions for breach of contract


of carriage
a. Last clear chance
b. Contributory negligence
c. Res ipsa loquitur
d. Proximate cause

16. Salvage is founded on:


a. Law
b. Quasi contract
c. Innominate contract
d. Equity of remunerating private and individual services in saving a ship
or cargo from impending peril

17. A person who finds and took possession of, with intention of salvaging the ship,
temporarily left to the mercy of elements, whether from necessity or any other
cause, though not finally abandoned and legally derelict, should be considered as:
a. Trespasser
b. Salvor
c. Officious manager under quasi contract
d. Pirate

18. A vessel found at sea in a situation of peril with no one on board of her and left
temporarily to the mercy of elements is called:
a. Derelict
b. Abandoned ship
c. Quasi derelict
d. Shipwreck

19. Jurisprudence teaches us that the five list of causes that will absolve the common
carrier from liability under Article 1734 is:
a. Open ended list
b. Closed list
c. Exclusive list
d. Limited list of causes

20. Fire may not be considered fortuitous event since:


a. It is not included in the enumeration of excepted causes under Article 1734
b. It is not considered a natural disaster
c. It can be caused by fault or privity of the carrier
d. It must be proven to be an act of God

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