TRANSPORTATION LAWS

COMMON CARRIERS RE common carrier? = is one that is engaged in the business of carrying OR transporting passengers OR goods or BOTH, by (LAW), land, air, or water for compensation, offering their services to the public. Re common carrier FROM private carrier Common carrier Private carrier =OBLIGED to carry =can SELECT the or persons it may wish transport to contract. all those who wants to employ its services. Diligence required =extra-ordinary =ordinary *extends to acts of its employees performed while discharging their duties. Why THE CARRIER BEARS THE RISKS OF WRONGFUL ACTS OF ITS EMPLOYEES AGAINST THE PASSENGERS? Because it has the power to SELECT and REMOVE them. stipulations =liability for the =ANY stipulation death or injuries to exempting it from passengers through any liability for the the negligence or negligence of its willful acts of its employees employees, is VALID and is CANNOT BE NOT AGAINST ELIMINATED or PUBLIC POLICY. LIMITED by stipulation or otherwise. =NOT VALID =VALID

Re the law does not distinguish BETWEEN a carrier offering transportation services on a: =regular basis AND unscheduled basis, And BETWEEN a carrier offering transportation services to the: = general public AND to a narrow segment of it. RE law governs the liability of common carriers in case of loss, destruction or deterioration of GOODS transported by them: =governed by the law of the country to which the goods are to be transported. (DESTINATION PRINCIPLE) *AS TO GOODS TRANSPORTED TO THE PHILIPPINES: (GR)= Civil Code (primarily) (Exc)=Code of Commerce And Special Laws (eg. COGSA) (EXC to the exc:) Unless the parties expressly agrees otherwise. RE instances will a COMMON CARRIER not be liable for the loss, destruction or deterioration of GOODS. (naaco) 1. natural disaster or calamity; =FIRE is not consider as a natural disaster or calamity unless it is caused by LIGHTNING or other natural disaster or calamity. *the carrier is PRESUMP to be at fault or acted negligently when there is FIRE. *BURDEN is on the carrier to prove that is has exercised extraordinary diligence in the vigilance of the goods. 2. act of the public enemy in war, whether international or civil; 3. act or omission of the SHIPPER or OWNER of the goods; 4. character of the goods or defects in packing or containers; and 5. order or act of competent authority.

RE the SHIPPER or OWNER of the goods and the COMMON CARRIER can enter into an agreement limiting the carriers liability on the goods: a. with respect to the diligence required =yes, the parties may agree to limit the liability of the common carrier for the LOSS, DESTRUCTION, OR DETERIORATION of the goods to a degree less than extraordinary diligence, provided it is: i.) in writing, signed by the shipper or owner; ii.) supported by valuable consideration OTHER THAN the service rendered by the common carrier; iii.) reasonable, just and not contrary to public policy. b. with respect to the amount of liability ==yes, the parties may agree to limit the liability of the common carrier to the value of the goods appearing in the bill of lading, unless the shipper or owner declares a greater value. *BUT A STIPULATION IS NOT VALID IF: 1) the common carrier is exempted from any and all liability for loss or damage arising out of its own negligence; OR 2) there is an unqualified limitation of such liability to an agreed valuation. Reason: CONTRARY TO PUBLIC POLICY RE DEGREE of diligence is required of a common carrier when transporting its passenger = a common carrier is bound to carry its passengers as far as human care and foresight can provide, using the outmost diligence of a VERY CAUTIOS PERSONS, with a due regard for all the circumstances. *ACCIDENT =beyond the control of the common carriers driver. =the carrier should be excused from liability due to fortuitous event.

*RE DOCTRINE OF LAST CLEAR CHANCE =applies only in a suit between the OWNERS and DRIVERS of two colliding vehicles. RE the COMMON carrier is liable for the death or injuries to passengers through the negligence or willful acts of: a.) its employees = EVEN IF the employees acted: beyond the scope of their authority OR in violation of the orders of the common carrier. *proof of exercised the diligence of a good father of a family IN THE SELECTION AND SUPERVISION OF THE EMPLOYEES =IS NOT A DEFENSE. *such liability cannot be ELIMINATED or LIMITED by stipulation or otherwise. b.) other passengers or strangers =the common carrier is responsible for death or injuries of passengers ON ACCOUNT OF THE NEGLIGENCE OR WILLFUL ACTS OF OTHER PASSENGERS OR OF STRANGERS, PROVIDED, that its employees through the exercise of the diligence of a good father of a family could have prevented or stopped the act or omission. *CONTRIBUTORY NEGLIGENCE =does not relieve the carrier form liability but ONLY REDUCES its liability. *NEGLIGENCE PER SE =passenger on a railroad train to protect any part of his body =if injury sustained thereby =prevents or NO RECOVERY for his injury. *it is not negligence per se to attempt to board a passenger bus which has just started and still moving slowly. *duty of the DRIVER oR the CONDUCTOR to take necessary precautions to prevent the occurrence of the injury.

RE DAMAGES that may be awarded in cases of breach of contract of carriage by a COMMON CARRIER: (amentL) IF DULY: 1.) ACTUAL and COMPENSATORY damages, which may consists of: a.) medical, burial and other expenses; b.) unrealized profit that may have been earned by the passenger had he safely reached his destination; c.) unrealized NET earnings during period of temporary OR permanent disability due to injuries suffered; d.) unrealized NET earnings based on life expectancy due to death; e.) P30,000 as damages for death; f.) attorneys fees when proper and applicable. 2.) MORAL damages, provided: a.)passenger died as result of the breach; OR b.) passenger suffered physical injuries AND common carrier acted fraudulently or in bad faith. 3.) EXEMPLARY damages, provided: a.) common carrier acted in a fraudulent, wanton, oppressive, reckless, or malevolent manner; OR b.) common carrier authorized or ratified thereafter the wrongful acts of his agent. 4.) NOMINAL damages =in order to vindicate a right of the passenger but NOT for the purpose of indemnifying him. actual + nominal = NO compensatory + nominal= NO 5.) TEMPERATE damages =passenger has suffered some pecuniary loss whose amount cannot be proved with certainty due to the nature of the case; AND 6.) LIQUIDATED damages =