FIRST QUIZ!

3/5/2018

CONTRACT OF TRANSPORTATION
-A contract whereby a person, natural or juridical, obligates to transport persons, goods,
or both, from one place to another, by land, air or water, for a price or compensation.

COMMON CARRIER
- Article 1732. Common carriers are persons, corporations, firms or associations engaged
in the business of carrying or transporting passengers or goods or both, by land, water,
or air, for compensation, offering their services to the public.

ELEMENTS OF A COMMON CARRIER

1. Person/Corporation/Association/Franchise;
2. engaged in the business of carrying, transporting passengers, goods or both;
3. Means of Transportation is by Land, Water, and Air;
4. For a fee or compensation; and
5. Services rendered to public is without distinction.

PRIVATE CARRIER
-Not engaged in the business of carrying for the public;
-carries only for persons with whom he has initial contract and assumes no obligation to
carry for the others

PRIVATE CARRIER V COMMON CARRIER

-A common carrier engages public service and is subject to regulation
-Private carrier does not hold itself as engaged in business for public; Private carrier is
not bound to carry goods except if it enters into a special agreement

With regard to the diligence required:

Common Carrier – extraordinary diligence in its obligation
Private Carrier – only exercise diligence of a good father of a family

COASTWISE V CA (STORAGE OF GOODS IN A CUSTOMS WAREHOUSE)

- Pag-asa Sales, Inc. only leased three of petitioner's vessels, in order to carry cargo from
one point to another, but the possession, command mid navigation of the vessels
remained with petitioner Coastwise Lighterage. Coastwise Lighterage, by the contract of
affreightment, was not converted into a private carrier, but remained a common carrier
and was still liable as such.
- The law and jurisprudence on common carriers both hold that the mere proof of delivery
of goods in good order to a carrier and the subsequent arrival of the same goods at the
place of destination in bad order makes for a prima facie case against the carrier
- As a common carrier, petitioner is liable for breach of the contract of carriage, having
failed to overcome the presumption of negligence with the loss and destruction of goods
it transported, by proof of its exercise of extraordinary diligence.

* Mere proof of delivery of goods in good order to a carrier and the subsequent arrival of
the same in bad order to the consignee makes a prima facie case against the carrier.
- CC has duty to properly ship, carry, handle and exercise due care, consider the nature of
goods or equipment during voyage of shipment. CC may ask for the value of goods.

DUTIES OF A COMMON CARRIER

- Article 1755. A common carrier is bound to carry the passengers safely as far as human care
and foresight can provide, using the utmost diligence of very cautious persons, with a due
regard for all the circumstances.

DEFENSES OF A COMMON CARRIER TO BE EXCUSED FROM LIABILITY.

Vigilance over Goods:

Art. 1734. Common carriers are responsible for the loss, destruction, or deterioration of
the goods, unless the same is due to any of the following causes only:
(1) Flood, storm, earthquake, lightning, or other natural disaster or calamity;

(2) Act of the public enemy in war, whether international or civil;

(3) Act of omission of the shipper or owner of the goods;

(4) The character of the goods or defects in the packing or in the containers;

(5) Order or act of competent public authority.

Safety of Passengers:

Art. 1756. In case of death of or injuries to passengers, common carriers are presumed to
have been at fault or to have acted negligently, unless they prove that they observed
extraordinary diligence as prescribed in Articles 1733 and 1755.